IP Audits

An IP audit is a health check for your intellectual property (IP). It helps identify the patents, trade marks, designs and any other intangible assets that you already own, which then in turn highlights possible gaps in protection and uncovers opportunities to strengthen your business. By reviewing your IP foresically, you can reduce risks to your business, unlock “hidden” value and make sure your most important assets are working for you.

Intellectual property is often one of the most valuable assets a business owns, but it is not always easy to identify or assess how well it is protected. An IP audit provides more clarity by reviewing every aspect of your intellectual property portfolio, including any patents, trade marks, registered and unregistered designs, etc. that you may own. The primary purpose is to understand what you have, whether it is adequately protected and how it supports your commercial objectives. With that information, you can then determine where you may need to strengthen in order to shore up your business profile and make your business more secure and viable. This is also very important for businesses that have an exit strategy in mind with a view to selling out in the future. The more IP assets you have and the better the quality of those assets, the more attractive your business becomes to investors.

An audit will highlight any gaps in your protection. For example, you may be using certain trade marks in key markets but have not protected them there. It can also identify areas where IP is underused, such as patents that could be licensed or trade mark rights that could be extended into new product lines. In many cases, an audit reveals opportunities to increase revenue and strengthen competitive advantage. The audit will also help you to understand and realise the IP that is important to you, what it covers and where you are protected.

Another important benefit of an IP audit is risk management since it is vital to reduce the chances of infringing other business’s rights, that you are compliant with agreements as well as any undertakings you may have given to other parties. This all helps to prepare a business for investment, partnerships or sale. Investors and buyers often look for evidence that IP has been properly reviewed and protected.

Fundamentally, an IP audit is not just about checking paperwork. It is about taking stock, protecting what you already own and making sure your IP strategy is aligned with your business goals, both now and in the future.

IP Audits

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Common audit questions

IP Audit FAQ’s

An IP audit can sound technical, but it is not. It is a practical review of your business’s intellectual property. Here are answers to the most common questions businesses ask about the audit process and what it delivers.

What is an IP audit?

An IP audit is a structured review of a business’s intellectual property from patents and trade marks to designs and copyright (and everything else in between) in order to assess what protection is in place and what may be missing.

Why would my business need one?

An audit ensures your valuable assets are properly protected, identifies risks and gaps and highlights opportunities to make better use of your IP.

What types of IP are reviewed?

The most common IP for review is patents, trade marks and designs, but a business can often have additional forms of IP including copyrighted works, domain names, know-how and trade secrets. For a business such as Coca Cola, for example, the IP trade secret of the drink formula is priceless.

How often should an IP audit be carried out?

Most businesses will benefit from a review every few years or when they reach a key milestone such as a product launch, an expansion or approach of an investment round.

Who carries out an IP audit?

Specialist IP attorneys conduct these audits. Their expertise ensures the review is thorough and tailored to your commercial goals.

Is an audit expensive?

The cost varies depending on business size and complexity, but it is often modest compared to the value it creates in reducing risks and unlocking opportunities.

What will I gain from an IP audit?

You will get a clear picture of your business’s IP assets, receive recommendations for strengthening legal protection and learn strategies for making better commercial use of your rights.

Can an audit uncover new opportunities?

Yes, without a doubt. Many businesses discover untapped assets, such as unused trade marks that be put to work or patents that could be licensed, franchised or expanded into new markets. At the very least, you may discover gaps in your IP protection that you can quickly plug, saving costs and aggravation that may have otherwise occurred in the future.

Does an audit reduce risk?

Absolutely. It helps prevent disputes by identifying potential infringements early and ensures you are compliant with licences and agreements.

How does an IP audit help with investment?

Investors often ask for evidence of strong IP protection. An audit shows that you take IP seriously and that your assets are in order when you put all recommended measures in place following the audit report. This increases confidence in your business. Many businesses neglect their IP and it costs them. You will stand out from them.

Will an audit help with international expansion?

Yes. It highlights whether your rights are protected in the countries you plan to enter and whether you may need to secure additional IP rights.

Is an audit useful for small businesses?

Very much so. Even small businesses rely on branding and designs. An audit ensures these assets are properly protected and used effectively. The registration of just a single trade mark (done correctly) can sometimes be the difference between success and failure.

When is the best time to arrange an IP audit?

The best time to do this is when you are planning to launch new products, enter new markets, seek investment or simply want to ensure your IP is in order. The earlier the better and the more regular the better.

What preparation is needed?

Gather all details of your products, services, trade marks, patents, designs, licences and any agreements involving IP that you may have. Your IP attorney will need all this information to conduct the audit, although they will be able to access some of this independently through public records.

How long does an audit take?

It depends on the size of your business. For smaller businesses the analysis may only take a few hours, while larger organisations may need a more detailed review.

Will the audit disrupt my business?

No. Most of the work is done by the IP attorney once they have all the information you have provided at the start of the exercise. You may need to answer some queries as the audit is being conducted, but the process should be minimally disruptive.

What happens after the audit?

You will receive a report with findings and recommendations, which may include a proposal for filing new applications, taking particular note of agreements or undertakings and/or improving your IP management processes.

How do I start the process?

Contact an IP attorney or advisor to discuss your business needs. They can tailor an audit to focus on the areas most relevant to you. SH&P provide IP audits for all sizes of business.

IP Audits

Protect

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IP Audits

Enforce

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IP Audits

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Audit essentials

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IP Audits

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IP Audits

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Meet your audit team

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Steven Gee

Steven Gee

Consultant Patent Attorney

Jayne Shorter

Jayne Shorter

Trade Mark Renewals Administrator

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Leanne Rogers

Leanne Rogers

Head of Renewals (IP)

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Peter Cornford

Peter Cornford

Trade Mark Attorney, Partner

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