Weakened Patent Rights Make Trade Secrets More Attractive

By Erin Coe (April 1, 2014, 9:32 PM EDT) -- With the erosion of patent owners' rights over the last decade thanks to a stack of adverse U.S. Supreme Court decisions and the America Invents Act, companies in the technology, life sciences and other spaces are starting to shift their intellectual property strategies to focus more heavily on trade secrets to protect their innovations, IP lawyers say.

Trade secrets have always been part of companies' well-rounded IP protection programs, but the Supreme Court's active involvement in putting stricter limits on patents, and some of the provisions of the patent reform law making newly issued patents more susceptible to invalidity challenges, have...

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