Is A Trade Secret a Sufficient Protection?
Quote from angrymama77 on November 21, 2021, 4:52 amI have a doubt regarding strategy management of IP asset on which I would really appreciate your thoughts. Suppose, there is a start up in chemical field, they have a few products and they want to keep the recipe as trade secret (and not file it as a patent application). There is another start up who works with similar products and have filed for patent application. Now, my doubt is, what options does the first start up have to defend its position in market? Whether they should keep marketing their products? Or they should take some action against the second start up. But again, I am.not sure if they have many options in the later case. For this case, both the start up are in same jurisdiction. Thank you
I have a doubt regarding strategy management of IP asset on which I would really appreciate your thoughts. Suppose, there is a start up in chemical field, they have a few products and they want to keep the recipe as trade secret (and not file it as a patent application). There is another start up who works with similar products and have filed for patent application. Now, my doubt is, what options does the first start up have to defend its position in market? Whether they should keep marketing their products? Or they should take some action against the second start up. But again, I am.not sure if they have many options in the later case. For this case, both the start up are in same jurisdiction. Thank you
Quote from Martin Schweiger on November 21, 2021, 5:09 amYour question is a stepstone for a deep IP Strategy evaluation.
I can tell you how that is dealt with in practice, but there are quite a few aspects that have to be taken into account.
Aspects that come to my mind are:
- risk assessment: how likely is it that the first company gets sued by the second company?
- risk assessment: how likely is it that an employee of the first company leaves the company and does the same thing next door? What if he does not do it himself but his wife is running the new business? Will the employee's confidentiality also extend to her?
- how far does a "right to continue what you have been legally doing" carry the first company?
- how about the first company does a so-called defensive publication?
Please read more about that in the chapter about IP filing strategies in my "4x4 Innovation Strategy" book, here
https://ip-lawyer-tools.com/the-4x4-innovation-strategy/