Trade Secret Implications of the AIA: Choosing Between Patents and Secrets
Thursday, March 13, 2014
1:00 PM - 2:30 PM ET
Patents and trade secrets co-exist as separate intellectual property regimes, and as a result, businesses and inventors must often choose between patent and trade secret protection. Recent legislative changes, including the America Invents Act (AIA), directly affect this choice. For example, under the AIA, the prior user defense preserves the right to continue the practice of a trade secret invention in the United States despite subsequent issuance of a third-party patent.
The availability of this defense limits the need to patent every commercial improvement and simplifies freedom to operate analysis for commercial processes. With these advantages in mind, trade secrets could in some instances be a desirable alternative to patents. The faculty presenting this program will highlight issues to consider when choosing between patents and trade secrets in light of the recent legislative changes and court decisions.
• Understand which subject matter is suitable for trade secret or patent protection.
• Learn about the impact of recent court action, including Supreme Court decisions, on what qualifies as patent-eligible subject matter.
• Discover new routes for 35 U.S.C. § 101 patentability challenges under the AIA.
• Gain insight into the impact of the AIA on trade secrets, including prior user rights.
• Understand the co-existence between patents and trade secrets.
• Hear about considerations when implementing a corporate trade secret program.
Who would benefit most from attending this program?
Practitioners dealing with intellectual property matters; corporate counsel for companies desiring to protect their intellectual property.
Program Level: Intermediate
Prerequisite: A general understanding of the four main forms of intellectual property.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)