Due Diligence

Structured due diligence tailored to your needs

Deep expertise across a wide range of technologies and industries

Due diligence of intellectual property relevant to a product or service can be helpful in a variety of circumstances. For example, when you are facing a dispute, investigating your freedom to operate, licensing-in technology, or buying, selling or investing in a company.

We can undertake comprehensive due diligence on the relevant IP portfolio and/or prior art, tailoring our service to your needs and budget. Our advice will identify, assess and weigh the risks and provide you with the clarity you need to make a decision with confidence in dealing with the intellectual property in question.

Specialists

for the result you need

James Cleeve

Partner Chartered (UK) and European Patent Attorney

James has extensive experience handling patents in a very wide range of technologies, especially for electronics, mechanical and electro-mechanical inventions.

Jonathan Colombo

Partner Canadian Trademark Agent, Barrister and Solicitor

Jonathan Colombo is the Managing Partner of Marks & Clerk Canada, and is one of Canada’s leading trademark litigators.

Kirsten Gilbert

Partner Solicitor (UK)

Kirsten is a Partner and an intellectual property lawyer at Marks & Clerk Law who specialises in litigation, alternative dispute resolution and brand strategy. Kirsten advises in a broad range of sectors including food & drink, financial services, pharmaceuticals, fashion and creative industries.

Legal and technical expertise

A thorough understanding of an IP portfolio, whether it comprises patents, trade marks, designs, copyrights and/or confidential information, can require both legal and technical expertise. At Marks & Clerk, we have a large team of patent attorneys, trade mark attorneys and specialist intellectual property focused lawyers that considers intellectual property in the round, from protection, to commercialisation and to enforcement. Our team of lawyers and attorneys have deep expertise across a wide range of technologies and industries. This depth of expertise across the full spectrum of intellectual property enables us to put together a team best suited for your due diligence project.

We work alongside corporate law firms, in-house legal teams, accountants, investment banks, private equity houses and venture capitalists.

Structured approach

We take a coherent and structured approach to searches, reports and opinions, systematically identifying and tracking any issues.

Our analytical patent landscaping tools:

evaluate a company's potential
assess the strength of its IP portfolio
benchmark it against major competitors’ portfolios
identify threats that could undermine a company's value.

Bespoke service

We tailor our work to your needs. For example, in the case of a sale or acquisition, we carry out due diligence for everything from small investments to multi-million pound deals. Our approach is tailored to:

the size and nature of the sale/acquisition
your needs and expectations
your approach to risk
time constraints.

As a seller, our due diligence advice puts you in a position to maximise the value of your IP portfolio. As a buyer or investor, we will identify the strengths and weaknesses in the intellectual property portfolio.

Services

Our due diligence service has a wide range of applications, and includes:

investigating and reporting on intellectual property portfolios, ownership, infringement and validity of rights
investigating potential disputes involving intellectual property, e.g. between co-owners or as part of a licensing arrangement or other IP transaction
reports required for stock exchange listings
patent clearances and freedom to operate opinions
advising on the wording of warranties and disclosures
trade mark searches and reports on brand strength
assessing onerous clauses and potential exposure in commercial contracts
valuation of IP assets.

Latest Insights

News

- 30 August 2022

Marks & Clerk to host the UT London Conference for 28-30 September

After a three year lay-off thanks to the pandemic, Marks & Clerk is delighted to be hosting the UT London Conference for 28-30 September.

Article

- 15 August 2022

What makes a good intellectual property solicitor?

A vital value of most UT Companies is their IP in terms of patents, trademarks etc. Sometimes the IP comes under attack from competitors or other companies, which is where an Intellectual Property Solicitor comes in. But how do they work, and what is the difference between a Property Solicitor and a Patent Attorney?