Your intellectual property is an asset on the balance sheet, and it can be collateral or a source of cash. Companies use IP to secure loans and raise capital; lenders take IP as security and need to know it will hold up. We structure IP-backed financings from both sides, covering the perfection, valuation, and enforcement issues that make or break these deals.
Perfecting Security Interests
Taking a security interest in IP is trickier than it looks, because two different recording systems are in play. We structure and perfect liens on patents, trademarks, copyrights, and trade secrets, handling both UCC filings at the state level and recordings with the USPTO or Copyright Office where federal law controls. Getting perfection right is what separates a lender with real collateral from one holding an unsecured claim when things go wrong.
Diligencing The Collateral
IP is only good collateral if it's clean and worth something. We run diligence on the proposed collateral to confirm ownership and chain of title, assess realistic value, and surface encumbrances like prior liens, exclusive licenses, or expiring rights that would shrink recovery. We flag the issues that affect collateral value before the loan funds, so the deal is priced and documented against what the IP is actually worth.
Structuring IP Sale-Leasebacks
Sometimes the cleanest way to unlock IP value is to sell it and license it back. We structure IP sale-leaseback transactions that convert assets into capital while keeping your operating rights intact, so you raise money without losing the ability to use the technology and brands your business runs on. We draft the sale, the license-back, and the protections that keep you operating even if the counterparty's situation changes.
Advising IP Lenders
On the lender side, IP collateral raises questions that ordinary assets don't. We advise on how to value IP collateral, what it takes to perfect against later creditors, how enforcement actually works if you have to foreclose, and how existing licenses affect what you can do with the assets. You get a clear-eyed view of the risk and the documents to back up your security, not a financing that looks covered until you need it.