When startups reach out to intellectual-property attorneys, it is invariably about one thing: getting a patent. When asked if the startup has done an “FTO”—shorthand for a Freedom to Operate analysis—the response is, invariably, “What’s that?” As startups quickly learn, an FTO is an analysis performed by a private IP attorney to assess a client’s risk of suit and liability for patent infringement in connection with the client’s development, launch, or sale of a new product.
Patents Aren’t Everything
Startups Need Freedom to Operate, Too
Brian Apel
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