A thorough IP audit separates the wheat from the chaff. Image via Getty Images

Every company with a business based in whole or in part on important intellectual property should protect that property with regularly scheduled intellectual property “audits.” Failing to do so may not only endanger valuable, company-owned patents and trademarks, but also make the business less profitable than it could be.

An IP audit is especially critical when a business is being sold, when a company is planning to buy another business, when a patent is being challenged by a competitor, when a company is looking for new financing or going public, and when there is a change in top management or employees in critical positions have left. A regularly scheduled IP audit can prevent panic, confusion and unwelcome surprises when these major events occur, because management will already have a good working knowledge of the status of all intellectual property.

To begin with, a thorough audit separates the wheat from the chaff. Which patents are central to the company’s business and must be carefully maintained in force? Are there other patents that are no longer important or have been superseded by newer developments and can safely be ignored and allowed to lapse?

Patents should be filed wherever the company’s products are sold and fees on all important patents must be carefully kept up to date. Fees to maintain international patents are often especially expensive but should be updated when necessary, nonetheless. Sometimes, when a company’s trademarks are reviewed, management learns that they have never been federally registered.

Auditors also may find that existing patents are no longer adequate to protect the products that are actually being sold. The products may have “moved on” through further development or application to new uses, but the relevant patents have not. Those patents should be updated immediately with new filings. It’s also critical to determine whether the products made and sold by the company could possibly infringe patents held by competitors—or whether the reverse is true, that other companies’ products are infringing the patents held by the company being audited.

A careful examination of intellectual property can also result in positive developments: auditors may discover that some patents are more valuable than anyone knew and can be licensed to produce another revenue stream for the company—or licensing can be expanded beyond the present level.

Beyond the focus on patents and trademarks, an IP audit should entail a close examination of all contracts and agreements relating to intellectual property. Pinning down exactly who owns the property is just as important as keeping patents up to date. This entails delving into development agreements, nondisclosure agreements, employment agreements, work-for-hire and sales contracts, to make sure ownership of a company’s intellectual property has not been ceded to, or shared with, a third party.

Software is particularly problematic when it comes to inadvertent infringement of the rights of others. What software is being used internally? Where did it come from and what are the limitations on its use? IT professionals don’t always realize that even open-source code requires a license.

This entire process also needs to be applied to analyzing the intellectual property of a prospective acquisition. Investigators may discover that patents belonging to the acquisition are not all appropriate for the acquiring company’s products, fees are not up to date or there are issues with IP ownership or validity. All of these factors may result in substantial savings on the purchase—or a decision not to purchase at all.

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Puja Detjen is an intellectual property attorney and partner in the Houston office of Patterson + Sheridan.

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Texas ranks among 10 best states to find a job, says new report

jobs report

If you’re hunting for a job in Texas amid a tough employment market, you stand a better chance of landing it here than you might in other states.

A new ranking by personal finance website WalletHub of the best states for jobs puts Texas at No. 7. The Lone Star State lands at No. 2 in the economic environment category and No. 18 in the job market category.

Massachusetts tops the list, and West Virginia appears at the bottom.

To determine the most attractive states for employment, WalletHub compared the 50 states across 34 key indicators of economic health and job market strength. Ranking factors included employment growth, median annual income, and average commute time.

“Living in one of the best states for jobs can provide stable conditions for the long term, helping you ride out the fluctuations that the economy will experience in the future,” WalletHub analyst Chip Lupo says.

In September, Gov. Greg Abbott announced Texas led the U.S. in job creation with the addition of 195,600 jobs over the past 12 months.

“Texas is America’s jobs leader,” Abbott says. “With the best business climate in the nation and a skilled and growing labor force, Texas is where businesses invest, jobs grow, and families thrive. Texas will continue to cut red tape and invest in businesses large and small to spur the economic growth of communities across our great state.”

While Abbott proclaims Texas is “America’s jobs leader,” the state’s level of job creation has recently slowed. In June, the Federal Reserve Bank of Dallas noted that the state’s year-to-date job growth rate had dipped to 1.8 percent, and that even slower job growth was expected in the second half of this year.

The August unemployment rate in Texas stood at 4.1 percent, according to the Texas Workforce Commission. Throughout 2025, the monthly rate in Texas has been either four percent or 4.1 percent.

By comparison, the U.S. unemployment rate in August was 4.3 percent, according to the U.S. Bureau of Labor Statistics. In 2025, the monthly rate for the U.S. has ranged from 4 percent to 4.3 percent.

Here’s a rundown of the August unemployment rates in Texas’ four biggest metro areas:

  • Austin — 3.9 percent
  • Dallas-Fort Worth — 4.4 percent
  • Houston — 5 percent
  • San Antonio — 4.4 percent

Unemployment rates have remained steady this year despite layoffs and hiring freezes driven by economic uncertainty. However, the number of U.S. workers who’ve been without a job for at least 27 weeks has risen by 385,000 this year, the Bureau of Labor Statistics reported in August. That month, long-term unemployed workers accounted for about one-fourth of all unemployed workers.

An August survey by the Federal Reserve Bank of New York showed a record-low 44.9 percent of Americans were confident about finding a job if they lost their current one.

TMC, Memorial Hermann launch partnership to spur new patient care technologies

medtech partnership

Texas Medical Center and Memorial Hermann Health System have launched a new collaboration for developing patient care technology.

Through the partnership, Memorial Hermann employees and physicians will now be able to participate in the TMC Center for Device Innovation (CDI), which will assist them in translating product innovation ideas into working prototypes. The first group of entrepreneurs will pitch their innovations in early 2026, according to a release from TMC.

“Memorial Hermann is excited to launch this new partnership with the TMC CDI,” Ini Ekiko Thomas, vice president of information technology at Memorial Hermann, said in the news release. “As we continue to grow (a) culture of innovation, we look forward to supporting our employees, affiliated physicians and providers in new ways.”

Mentors from Memorial Hermann, TMC Innovation and industry experts with specialties in medicine, regulatory strategy, reimbursement planning and investor readiness will assist with the program. The innovators will also gain access to support systems like product innovation and translation strategy, get dedicated engineering and machinist resources and personal workbench space at the CDI.

“The prototyping facilities and opportunities at TMC are world-class and globally recognized, attracting innovators from around the world to advance their technologies,” Tom Luby, chief innovation officer at TMC Innovation Factor, said in the release.

Memorial Hermann says the partnership will support its innovation hub’s “pilot and scale approach” and hopes that it will extend the hub’s impact in “supporting researchers, clinicians and staff in developing patentable, commercially viable products.”

“We are excited to expand our partnership with Memorial Hermann and open the doors of our Center for Device Innovation to their employees and physicians—already among the best in medical care,” Luby added in the release. “We look forward to seeing what they accomplish next, utilizing our labs and gaining insights from top leaders across our campus.”