Trade secrets and patents

See Insect CONTROL TECHNOLOGY Pesticides Phosphorus compounds. 

This article provides a basic, step-by-step approach to problem solving in the practice and management of patents and trade secrets. The significance of aggressive patent and trade secret protection to the economic well-being of a business or organization should not be underestimated. Without patents and trade secrets, the marketplace is reduced to competition on the basis of price, which may be very difficult. 

Patents and trade secrets are protected by securing rights to ideas and the appHcation of ideas that have commercial worth. The grant of rights in patents and trade secrets is based on an appreciation of development, advancement, and invention that will stimulate innovation by advancing technology. Patents and trade secrets are two distinct mechanisms for protecting invention vis-a-vis the appHcation of ideas. Both are supported by the poHcies and laws of the United States. 

A patent also serves a defensive function. It provides the patentee with a partial or total shield that prevents others from patenting inventions which would ultimately restrict the patentee s commercial activity in the marketplace. 

Trade secret rights are based on the complete absence of disclosure of the invention to anyone other than the owner. Oftentimes ideas, developments, and advances that are the subject of trade secret protection are those which may not be patentable, for any of a number of reasons. These reasons can include the nature and subject matter of the advance or development, as weU as the commercial value of the advance or development. In any instance, an individual, business, or corporation is weU-advised to consider all possible means of protection when reviewing an advance, development, or invention. 

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Some factors to consider when evaluating patent and trade secret protection include (/) the form and content of the technological advance, idea, development, or appHcation (2) the desired term of protection (J) the potential for the technological advance, idea, development, or appHcation to be the subject of a commercial product (4) work done previously (5) events which have pubHcized or pubHcly disclosed the technological advance, idea, development, or appHcation and (6) factors that may be critical to keeping the technological advance, idea, development, or appHcation confidential, and what events may necessitate disclosure. 

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