Intellectual Property

Proper documentation of intellectual property (IP) is essential for protecting assets and ensuring a smooth transition during an exit. Below is a checklist to confirm that all key IP-related records are in place:

Patents & Patent Applications

• List and copies of all patents and pending patent applications, including:
  • Registration or application number
  • Date of filing, issuance, and expiration (if applicable)
  • Next required action dates
  • Patent agent(s) used

Trademarks, Service Marks & Copyrights

• List and copies of all current or pending trademarks, service marks, and copyrights, including:
  • Registration or application number
  • Date of filing, issuance, and expiration (if applicable)
  • Next required action dates
  • Trademark agent(s) used
• List of unregistered trademarks, service marks, inventions, and copyrights

Trade Secrets & Confidential Information

• For identification purposes, a list of trade secrets (without disclosing sensitive details)
• List of employees with relevant knowledge of intellectual property

Licenses, Agreements & Litigation

• List and copies of all license agreements for patents, trademarks, copyrights, or trade secrets, including:
  • Licensor information
  • License agreement dates and expiration
• Copies of joint development or consulting services agreements, including:
  • Other parties involved
  • Covered patents, trademarks, copyrights, or trade secrets
  • Agreement dates and expiration
• List of any current or anticipated litigation, claims, or proceedings, including:
  • Oppositions or cancellations of registrations
  • Disputes over IP licenses, confidentiality, or development agreements

Competitive & Legal Analysis

• Information on competitor patents and analysis of their impact
• Correspondence with intellectual property attorneys

Ensuring all IP assets are well-documented helps safeguard proprietary rights, prevents legal disputes, and adds value to the company during an exit.