Charting The Middle Course To Protecting Cleantech IP

Law360, New York (October 11, 2010, 1:00 PM EDT) -- Faced with the choice of Charybdis and Scylla, Homer’s Odysseus successfully navigates the straits by charting a middle course. Innovators, particularly those in the clean technology space, are well advised to consider doing likewise.

Generally, in seeking to protect intellectual property, a middle path exists between the two pillars of patents and trade secrets. As companies’ innovations within the cleantech industry increasingly combine traditional scientific discoveries (i.e., those that easily fall within the scope of patent eligibility ) with less traditional innovations such as algorithms and...
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