Patent Due Diligence

**Customer** briefs I-Pro on the diligence scope (M&A / investment / licensing / enforcement), the target company, the timeline (typically 2–6 weeks for M&A diligence), and the deliverable format (a written report with risk flags and recommendations).

**I-Pro** obtains the target's patent portfolio list (from the target / from InPASS by searching the target's name as Applicant / Patentee) — granted patents, pending applications, lapsed patents, abandoned applications, foreign counterparts.

**I-Pro** verifies the **ownership chain** for each patent / application — through Form 5 (declaration as to inventorship), Form 6 (assignment deeds), and the Patent Office Register (Form 6 certified copy of the Register entry); flags any chain-of-title gaps (e.g., the inventor's assignment to the company is missing or not registered, the company's name change is not recorded, the merger of the patentee company is not reflected in the Register).

**I-Pro** conducts the **portfolio review** — the status of each patent (granted / lapsed / abandoned / opposed / revoked), the renewal fee status (paid up to which year, any lapses restorable under s.60 within 18 months), the Form 27 working statement compliance (filed annually under s.42 by 31 March — failure attracts revocation risk under s.66 and compulsory licence risk under s.84).

**I-Pro** conducts the **validity assessment** — for each granted patent, an InPASS + international + NPL prior-art search (see Service 4) and a patentability assessment under s.2(1)(j), s.2(1)(ja), s.3, s.10(4) — flags red (high invalidity risk), amber (some invalidity risk), green (likely valid).

**I-Pro** conducts the **FTO analysis** — for the target's planned commercial activities, an InPASS + international search for in-force third-party patents with claims that may read on the target's products / processes; prepares claim charts comparing the third-party claims with the target's products / processes.

**I-Pro** verifies the **encumbrances** — existing licences (exclusive, non-exclusive, sub-licences), security interests (charges filed under the SARFAESI Act 2002 / Companies Act 2013), and compulsory licences under s.84 (issued by the Controller on application after 3 years from grant — typically for public-health patents preventing access to essential medicines).

**I-Pro** verifies the **litigation and opposition history** — pending or concluded infringement suits under s.104 (High Court records), oppositions under s.25 (InPASS), revocation proceedings under s.64 (High Court records), and any s.66 Controller revocation (Patent Office Journal); flags any pending litigation as a red flag.

**I-Pro** verifies the **foreign counterparts** — Paris Convention priority filings within 12 months of the Indian priority date, PCT national phase entries within 31 months, granted foreign patents (US, EPO, Japan, China, etc.) — through WIPO Patentscope and the foreign patent office databases.

**I-Pro** prepares the **IP due diligence report** — covering the 10 diligence areas (ownership chain, portfolio review, validity assessment, FTO analysis, encumbrances, litigation and opposition history, Form 27 compliance, renewal fee status, foreign counterparts, IP valuation), with a risk assessment (red / amber / green flags) and recommendations (e.g., obtain missing assignments, file back-Form 27 statements, oppose blocking patents, license third-party patents, etc.). For M&A, the report informs the SPA / APA representations, warranties, and indemnities.