IP Due Diligence for Start-ups in the 2018 Legal Environment – The Most Important Conversation

For IP due diligence for investment in a start-up or young company, the most important conversation is with the key developer(s) of the product(s) or service(s) [the Conversation]. Ideally, the Conversation is led by an IP attorney who understands the technology. The goal is to determine the source of the product design. Was open source software used? Is this a variation of something an engineer was working on at a prior company? Was a published article used? Perhaps consultants were used? Was the design changed during development after some dead-ends? Where there isn't budget for a full-fledged investigation, this Conversation and follow-up will likely get 80% of the risks identified for 20% of the cost. In this article, Paul Haughey discusses how the answers to these questions will help determine both ownership and risks of a third party suit, the two most important things to determine in IP due diligence.

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