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Choosing Between Trade Secret and Patent Protection: A Primer for Businesses
When an employee conceives of a new innovation, a business is often confronted with a difficult decision — whether to apply for patent protection on the innovation or whether to keep the innovation confidential as a company trade secret. There are many considerations that a business must take into account stemming from different characteristics of trade secrets and patents.
Overview of Patents and Trade Secrets
A patent is a right to exclude others from making, using, offering for sale, selling or importing a patented invention. It is generally enforceable up to 20 years after the patent application filing date. Filing for patent protection entails a significant quid pro quo — in exchange for exclusivity over the term of the patent, the patent applicant must make a disclosure of the invention sufficient for a person reading the patent to make and use the invention. Once the 20 years are up, the invention is then dedicated to the public and may be used by anyone.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
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How AI Has Affected PR
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.