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IP Due Diligence Checklist for Buying or Selling a Business

11 September 2026

11 September 2026

 

Intellectual property can be one of the most valuable parts of a business. It can also be one of the messiest.

Before buying, selling or investing in a business, it is worth checking who owns the IP, whether it is protected, and whether there are hidden risks.

An IP due diligence review may include:

  • registered trade marks;

  • pending trade mark applications;

  • patents and patent applications;

  • registered designs;

  • copyright assets;

  • domain names;

  • software;

  • confidential information;

  • licences;

  • contractor-created materials;

  • disputes or infringement risks.

One of the first questions is ownership. Are the rights owned by the company, a founder, a related entity, an employee, or a contractor?

Another key question is coverage. Do the registrations actually protect the current brand, products, countries and commercial activities?

For sellers, cleaning up IP before a transaction can improve confidence and reduce delays. For buyers, due diligence can identify risk before the price is paid.

Common issues include old logos still being registered, key brands not being protected, IP sitting in the wrong entity, missing assignments from contractors, expired registrations, unlicensed software, and disputes with former founders or suppliers.

IP due diligence does not need to be overcomplicated. But it does need to be practical and commercial.

For many businesses, the goal is simple: identify what matters, fix what can be fixed, and price or manage the remaining risk.

IP Solved can assist with IP due diligence, ownership checks, trade mark reviews, patent reviews and practical steps to get IP assets transaction-ready.

 

This article provides general information only and is not legal advice. Specific advice should be obtained for your business and target markets.

11 September 2026
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