Due Diligence in the intellectual property context, relates to investigation or research the prior to the filing of an application to obtain federal rights in an invention or trademark. Due diligence investigation can also occur after a patent or trademark has been granted or registered irrespectively to determine the value and/or enforceability of the patent or trademark. 

Investigation and due diligence

In order to ensure the value of patents and trademarks over time, intellectual property audits should be completed periodically. This is an often neglected step that could diminish the value of the intellectual property over time.

If a possible infringement of a patent or trademark is discovered during an audit, a basis for enforcing the legal rights may exist.

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