News & Analysis as of September 18, 2024

America Invents Act › Trade Secrets › Intellectual Property Protection

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

WilmerHale on 3/22/2024

You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more

Patent And Trade Secret Protection Of Inventions: 5 Things To Remember On The 5th Anniversary Of The Defend Trade Secrets Act

Porter Hedges LLP on 5/13/2021

Just five years ago, on May 11, 2016, President Obama signed the Defend Trade Secrets Act (the “DTSA”). This important legislation created a new, federal civil cause of action for trade secret misappropriation. The DTSA...more

The Interplay of Patents and Trade Secrets in Protecting IP

Orrick - Trade Secrets Group on 8/25/2020

Often companies are faced with a dilemma in protecting their IP—should the company disclose its IP to the world and seek a patent that will protect its IP for a set number of years? Or, should the company keep the IP a secret...more

Keeping Trade Secrets Out of Patents

Womble Bond Dickinson on 9/5/2019

Trade secret and patent laws both provide intellectual property protection but have conflicting requirements that can impose challenges for a company seeking to maximize its protection under each right. Originally...more

6 KEY TAKEAWAYS: Considerations Before Relying on AIA Prior User Rights

Kilpatrick on 8/12/2019

Patent Partner Karam J. Saab shares key considerations before relying on AIA Prior User Rights: 1. Trade secret can serve as an effective tool to protect internal processes and systems that are not exposed to the public;...more

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens on 12/5/2018

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Patents or Trade Secrets? Yes, Please.

Hogan Lovells on 6/14/2017

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s...more

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on 2/10/2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 3

McDonnell Boehnen Hulbert & Berghoff LLP on 9/16/2016

Supplemental Examination: Potential Benefits vs. Guaranteed Risks - The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more

Congress Finally Agrees: Passes Federal Trade Secrets Act

Miller Canfield on 4/29/2016

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend...more

5 Things to Know About the Defend Trade Secrets Act

Latham & Watkins LLP on 4/18/2016

Unanimous Senate approval of the federal trade secrets bill creates momentum for a new cause of action. After nearly a year-long delay, the Senate on April 4, 2016, unanimously passed the Defend Trade Secrets Act (DTSA),...more

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

Foley Hoag LLP on 8/27/2015

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the...more

3D Printing, Innovation Protection, and Manufacturing: The Big Change is Now

Robins Kaplan LLP on 6/17/2015

Intellectual property (IP) law is undergoing a major transformation just as additive manufacturing? or 3D printing? has begun to revolutionize the manufacturing industry. The interplay between these two forces could end up...more

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