Not all intellectual property is created equal. Typically, only some of a company’s IP actually relates to core products or promising future technologies. This fraction of a company’s IP portfolio is where its priorities should lie from an enforcement standpoint, especially in more competitive industries. The rights afforded by these core patents, trademarks and trade secrets protect the backbone of the company.
The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the target company or the buyer in a business transaction involving IP, the due diligence process should be designed to reveal the value of the intangible assets—patents, trademarks, copyrights and trade secrets.