IP Due Diligence & Freedom to Operate

IP due diligence

Our attorneys have considerable experience advising clients in relation to commercial due diligence activities across the full spectrum of intellectual property (IP) rights.

Clients value our commercial focus and attention to detail in helping them to evaluate and realise new business opportunities.

The assessment of IP portfolios continues to play an important role in commercial due diligence for companies seeking to realise the value of their IP portfolios through product branding, licensing and commercialisation. IP due diligence typically requires the independent assessment of one of more third party IP rights in the context of a proposed commercial agreement or transaction.  Such assessments often include the consideration of matters relating to IP ownership, patentability/registrability and freedom-to-operate, and may be required during the course of proposed mergers and acquisitions, investment funding rounds, or as part of licensing agreements.

We understand the importance of effective IP due diligence as a means to evaluate new business opportunities and mitigate commercial risk. Clients choose to work with us in this area because they value our ability to provide advice that is timely, pragmatic and commercially focused. Our breadth and diversity of IP professionals means that we are able to advise clients across the full spectrum of IP rights in addition to associated contractual matters.

Our services include:


  • IP due diligence for clients seeking to commercialise their own IP

We support clients seeking to commercialise their IP through agreements and transactions with third parties.  This work typically involves providing information and advice to third party advisers on behalf of our clients and working with them to ensure our client’s best interests are realised throughout commercial negotiations.

  • IP due diligence for clients seeking to acquire third party IP

We also support clients seeking to acquire rights under third party IP rights through agreements and transactions with third parties.   This work typically involves liaising with third party advisers on behalf of our clients to assess IP portfolios relevant to their proposed commercial activities.

  • Freedom-to-operate assessments

Clients regularly ask us to assess the impact of third party IP rights on their proposed commercial activities.  This work typically involves analysing third party IP, often following relevant legal searches, and advising clients on their ability to market a particular product or service.