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Patent Your Trade Secrets In Wake of Noncompete Ban
[Editor's Note: June's issue of The IP Strategist included an article on the need for a trade secret protection plan now that noncompete clauses have been made unenforceable. This article looks at one part of such a plan — patents.]
On May 7, the Federal Trade Commission (FTC) published a final rule banning the enforcement of nearly all noncompete clauses in employment agreements nationwide (89 FR 38342). This new rule will have sweeping effects across all sectors of the economy, if it survives court challenges that have already been filed (see, e.g., Chamber of Commerce of the United States of America v. FTC, 6:24-cv-00148 (E.D. Tex., April 24, 2024).
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