When a buyer is interested in your patents for sale, they will conduct an investigation (Due Diligence Review) to decide whether the patents are really worth purchasing.
In this review, the buyer usually investigates the following items, obtaining information from the seller.
- Title: Does the seller has the title of the patents?
- Legal status: For example, the patents may have expired due to non-payment of patent fees.
- Patent ages: If the remaining term is short (e.g., 1-2 years), there are few opportunities to utilize the patents.
- Quality of the patents, which includes the risk of invalidation.
- EoU: Quality of the Evidence of Use (e.g. Claim Chart) and for which companies?
- Encumbrance: Any restrictions on the use of the patents? (e.g., companies that have already licensed the patents)
After the review, if the buyer decides that the patents are worth purchasing, they negotiate the detailed terms and concludes a patent purchase agreement.