The Defend Trade Secrets Act (DTSA) of 2016 was signed into law on May 11th, adding national and international protection for trade secrets to the already-existing state-level laws, which are allowed to remain in place according to the new federal statute. The DTSA taken together with the AIA’s prior use protections, provides 2-part protection, which may allow a company to continue to use its trade secreted inventions even if another entity subsequently patents the invention. This new paradigm is a game-changer for IP strategy - especially for defense, as it adds another route for IP protection outside the usual "race to the patent office".
Avoiding IP roadblocks and exploiting gaps in the competition's IP position is a key to developing an intellectual property strategy for new product development. Find out why it’s best to start with the end in mind by looking for potential IP roadblocks up-front that may impact product release.
Would a patent really be an effective way to protect your IP? Owning a patent might actually work against your interests by disseminating your proprietary information. Enter trade secrets.
The Leahy-Smith America Invents Act (AIA) recently signed into law by president Obama represents the most substantial modification to the U.S. patent system in the past fifty years, and most notably, changes the U.S. system from a "first to invent" to a "first to file" system. These new rules will undoubtedly cause companies to re-think their intellectual property (IP) strategy and re-tool their IP process.