Wuesthoff & Wuesthoff

Freedom-to-operate (FTO) analysis / due diligence

Whenever a company is planning to develop and launch a new product, a major risk, particularly in technology sectors where there are extensive patenting activities, is that commercialization may be blocked by a competitor or a non-practicing entity (NPE) who holds a patent for a technology incorporated within that product. This is in particular dangerous for companies entering a new product field as a follower or a late starter, or for start-up companies trying to compete with the established players in the technical field.

To reduce such risks, many companies, seek at an early-stage to secure their “freedom-to-operate,” i.e., to ensure that the commercial production, marketing and use of their new product, process or service does not infringe the IP rights of others.

While an absolute guarantee of freedom to operate will never be attainable, there are ways of minimizing the risks, which can save a company significant resources.

If you are a start-up, a mid-sized company, a Fortune 500, or any other corporation in the process of bringing a new product, process or service on the market, WUESTHOFF & WUESTHOFF can help you by analyzing the patent situation and advising you on how to navigate through the patent minefields.

WUESTHOFF & WUESTHOFF also supports you with a due diligence investigation when buying, selling or licensing intellectual property rights.


Don’t hesitate to contact us – we will be pleased to advise you.

Schweigerstraße 2
81541 Munich, Germany
T +49 89 62 18 00 0
F +49 89 62 18 00 15