Trade Secrets — Less Risky Under AIA Prior User Rights?
Law360, New York (October 22, 2012, 1:08 PM EDT) -- The America Invents Act, signed into law on Sept. 16, 2011, presents new challenges and strategy considerations for inventors and biotechnology and pharmaceutical companies that seek to protect their intellectual property in the United States. We will discuss the impact of the amended prior user rights provision of AIA on the tension between obtaining patents and maintaining trade secrets.
Patents Versus Trade Secrets
For disclosing to the public an invention by filing a U.S. patent application, the U.S. government bestows on the applicant a period of...