Part 3 - Acquisition of Patent Portfolio’s - type of transaction
Due Diligence investigation aims to ascertain that if you acquire a portfolio, you get what you are paying for. Before going into a Due Diligence process, it is worthwhile to consider the reason for the transaction and the circumstances. Is it merely an organizational change of the existing proprietor, e.g. a name change, so the acquisition is more of an internal process? Or is the portfolio transferred to you, by assignment? Is there a merger between two partners, formerly independent from one another? Does the register require that first changes of address are to be recorded, before any other changes can be filed? Deeds of Pledges may be registered, that could bring other parties into the process.
Two things need to be clear upfront: what is the type of transaction that caused the need to change the data in the register?
And are the data as registered up to date and accurate according to events in the past? You might want to ask the current holder to make appropriate updates or corrections to the portfolio before finalizing the current transaction.
Should you require assistance, please contact me at Patricia.rutten@aipex.eu
Best regards,
Patricia Rutten
Manager IP Portfolio AIPEX
