By Anthony I. Shin, Esq. | Trademark & Intellectual Property | Shin Law Office
IP Due Diligence for Mergers | Loudoun & Fairfax Business Attorney
If you’re buying or merging with a business in Loudoun or Fairfax County, don’t overlook the value—or risk—hidden in its intellectual property.
IP due diligence isn’t just a checklist item.
It’s how we protect your deal from collapsing after the ink is dry.
What’s at Stake?
Trademarks, patents, copyrights, trade secrets—these are often the most valuable assets in a merger or acquisition.
But too many buyers assume the IP is clean, transferable, or even valid.
That’s a mistake I see far too often.
In Virginia’s growing tech corridors and startup-heavy markets, IP can represent the entire business model.
If it’s not protected or properly assigned, you’re buying liability, not value.
What I Look For
When I conduct IP due diligence, I dig deeper than surface-level ownership.
Here’s what I want to know:
- Are the trademarks registered, and if so, in whose name?
- Are there any pending oppositions or infringement claims?
- Are the patents enforceable, or about to expire?
- Have all creators signed IP assignments to the company?
- Are there NDAs, licensing agreements, or software rights that limit transfer?
One weak link, and the entire deal structure changes.
Why Timing Matters
Don’t wait until after the Letter of Intent.
Engage an attorney before negotiations commence.
I’ve helped clients adjust valuations, renegotiate terms, or walk away entirely—just based on what the IP reveals.
Protect Yourself from Post-Deal Surprises
If you’re buying a business in Loudoun or Fairfax, especially in tech, consulting, media, or software, don’t assume the IP is safe just because it’s listed in the pitch deck.
I’ll verify what’s real, what’s risky, and what needs to be fixed before closing.
Let’s make sure you’re buying assets, not headaches.
Schedule a confidential consultation today.
Anthony I. Shin, Esq. | Principal Attorney | Shin Law Office
