Patents play a major role for technology-based, emerging ventures. The manner of handling of patent affairs may often make the difference between unheralded success and colossal failure! Patent protection and hence question of patentability of inventions generated by the ventures are one important aspect. Freedom-to-operate (FTO) versus third parties' patents is another, independent and often unrelated, important aspect. 
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http://www.rcip.co.il/en/article/patent-considerations-patentability-and-freedom-to-operate/