Intellectual property and licensing

Protecting and commercialising what makes your business valuable

For medtech businesses and start-ups, intellectual property is often the most significant asset on the balance sheet. How that IP is owned, protected, licensed and commercialised can determine the long-term value of the business and its attractiveness to investors and acquirers. Getting IP arrangements right from the early stages of a business, and keeping them under review as the business grows, is an important part of building something that holds its value.

IP ownership and protection

Establishing clear ownership of IP from the outset is critical, particularly where founders, employees, contractors or research partners have contributed to its development. Ambiguity around IP ownership can create significant problems for investment and exit processes.

Work in this area may cover:

• Advising on IP ownership structures and how IP should be held within the business
• Reviewing and preparing IP assignment agreements for founders, employees and contractors
• Addressing IP ownership considerations in research, development and collaboration arrangements
• Ensuring employment and contractor agreements adequately protect the business's IP position
• Identifying and resolving IP ownership gaps ahead of investment or transaction processes

Clear IP ownership can strengthen the business's position with investors and reduce the risk of disputes that erode value.

Licensing and commercialisation

Licensing IP to third parties, or taking licences from others, is a common feature of medtech commercialisation. These arrangements require careful documentation to protect the business's interests and ensure the commercial terms reflect the value of what is being licensed.

Support here may include:

• Preparing and negotiating IP licence agreements and technology transfer arrangements
• Advising on exclusive and non-exclusive licensing structures and their commercial implications
• Reviewing royalty, milestone and commercialisation payment mechanisms
• Addressing sublicensing rights, territorial restrictions and field of use limitations
• Managing IP licensing arrangements in the context of broader commercial or distribution agreements

Well-structured licensing arrangements can support commercialisation while preserving the long-term value of the underlying IP.

IP in the context of investment and transactions

IP arrangements are closely scrutinised by investors and acquirers. Ensuring the business's IP position is clean, clearly documented and properly protected is an important part of preparing for capital raising or exit.

This may extend to:

• Reviewing IP arrangements as part of investment readiness or pre-transaction preparation
• Addressing IP-related findings arising in investor or acquirer due diligence
• Advising on IP warranties and representations in investment and transaction documents
• Structuring IP arrangements to support a clean and attractive position for future transactions
• Considering how IP ownership and licensing arrangements interact with estate and succession planning for founders

A strong IP position can meaningfully improve outcomes in both investment and exit processes.

Practical and sector-focused advice

Advice is grounded in the commercial realities of how medtech businesses and start-ups create, protect and commercialise their intellectual property. The focus is on helping founders and business owners build an IP position that supports growth, attracts investment and holds up when it matters most.