Tag Archives: Trade Secrets

The following are a collection of posts on trade secrets. Trade secrets are essentially of two kinds. On the one hand, trade secrets may concern inventions or manufacturing processes that do not meet the patentability criteria and therefore can only be protected as trade secrets. This would be the case of customers lists or manufacturing processes that are not sufficiently inventive to be granted a patent (though they may qualify for protection as a utility model). On the other hand, trade secrets may concern inventions that would fulfill the patentability criteria and could therefore be protected by patents. In the latter case, the SME will face a choice: to patent the invention or to keep it as a trade secret.

PTO Press Release: Deputy Peterlin Leaving PTO

Patent, ,

Margaret Peterlin has announced that she will be leaving the PTO in August.  She has sparked resistance from the patent community ever since her appointment as deputy director of the USPTO in May 2007. She is considered an expert at legislative tactics at a time when the PTO was asking for legislation opposed by many patent practitioners.  In late 2007, a DC District dismissed a lawsuit against the USPTO requesting that Peterlin be removed from office. The complaint alleged that she lacked the intellectual property law experience required by statute for her position.  In many ways, the negative reaction to Peterlin was simply a reflection of frustrations felt by many patent practitioners.  In an internal message to PTO employees, Director Jon Dudas indicated that Peterlin is also expecting her first child later this year.  Congratulations and Good Luck!!

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Outsourcing of Patent Preparation: PTO Says Beware

Patent, Patent Prosecution, Transnational, , ,

In a recent notice, the PTO has indicated that it may be illegal to outsource invention information to a foreign county for the purposes preparing a US patent application.

  1. A foreign filing license from the USPTO does not authorize the exporting of subject matter abroad for the preparation of patent applications to be filed in the United States.
  2. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.