Your benefits

Patent Due Diligence

Patent due diligence is an analysis method for reviewing a patent or patent portfolio to strategically align business objectives. Patent due diligence analysis qualitatively assesses the value of your intellectual property; alternatively, the intellectual property of others may be assessed.

Ultimately, this can answer the question of whether you can make a profit from your patents, whether by licensing, enforcing or selling your own IP rights. At the same time, a patent due diligence analysis can serve to protect your own business activities by securing them through patents. Practical experience shows: a patent due diligence analysis often reveals surprises and may uncover undiscovered potential.

The benefit of a patent due diligence analysis in the entrepreneurial argumentation towards banks and (potential) investors should not be underestimated. After all, your own intellectual property rights have a real value, which may not (yet) generate a profit, but which nevertheless represents an asset that can be lent out under certain circumstances.
In addition, a patent due diligence is also recommended if a transaction of a company is planned. This is because a company's IP rights represent an asset that must be taken into account when a company is sold.

Patent due diligence analysis as strategic business ‘must have’

Parameters of a patent due diligence analysis are:

  • Legal status of the patent (Is it pending, granted, in force, lapsed, which countries, remaining term, etc.?)
  • Ownership
  • Patentability / legal validity
  • Freedom to operate (Am I actually allowed to operate in the protected area?)
  • Coverage by the protection claim / Scope (Do the patents still protect the own business activities?)
  • Circumvention (Can the protection be easily circumvented?)
  • Determining whether a patent is enforceable (Can the patent protection be enforced?)

When is a patent due diligence analysis strongly recommended?
  • During a merger and acquisition / M&A transaction
  • After you have received a cease and desist letter
  • Strategically establishing a patent portfolio / stock patents
  • Purchase of a patent
  • Sale or licensing of a patent

Our patent law firm Köllner & Partner has already received international awards for our patent due diligence analysis,

  • in 2013 as "IP Due Diligence Law Firm of the Year - Germany"
  • in the 2013 Global Law Experts Practice Area Awards
  • 2015 in Global Awards of 'M&A Today'
  • 2016 in Law Awards of 'Finance Monthly'
  • and 2020 in 'Corporate America Today'
  • We would be happy to support you with a patent due diligence analysis as well.
  • Please contact us for more information at:

    Your benefits of our work



    Our team is our asset. We do not claim having all expertise in all segments. Whenever we have the feeling that someone else would be a better fit, we pro actively initiate the introduction.



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    Phone: +49 (0)69 69 59 60-0
    Telefax: +49 (0)69 69 59 60-22

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