IP Due Diligence Request List

Summary

This is a form request list to be used in an intellectual property (IP) due diligence investigation during an acquisition. The due diligence investigation is a critical stage of all mergers and acquisitions transactions. At this phase of the negotiation, the parties have typically reached a preliminary agreement on the general parameters of a deal conditioned on the buyer's satisfaction with the results of its due diligence investigation. While a buyer may obtain a general understanding of the seller and learn of certain risks during its initial discussions with the seller, the due diligence investigation enables the buyer to obtain a thorough understanding of the seller. The results of the due diligence investigation often impact the material deal terms and structure and may reveal potential problems serious enough to terminate the negotiation. The template provides a starting point for conducting general IP due diligence and should be tailored to account for the specific facts and circumstances of the proposed arrangement. This template does not address requests for information regarding: • Software or any specific technology • Compliance with obligations required by any relevant law, regulation, or rule • Privacy and data security activities and obligations • Standards or rules required by any industry or trade organization to which the parties are members For a more detailed discussion on undertaking a general IP due diligence investigation, see IP Due Diligence and IP Due Diligence Checklist.