Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
Interviewer: And what about trade secret?
Patent Attorney: The article offers a strategy, where the applicant for a patent files a non-publication request so that the Patent Office does not publish the patent. As such, the information can be maintained as trade secret. If the patent does not issue, or the applicant wishes to maintain the information as trade secret, the patent application is abandoned and therefore never publicly disclosed. Or when the patent does issue, it is protected by the patent (albeit no longer a trade secret).
Interviewer: So you’re not required to publish your patent application.
Patent Attorney: Generally, the Patent Office will publish your patent application 18 months after the filing date. But for those first 18 months, the patent application is maintained in confidence and cannot be accessed by the public. In addition, an applicant can file a request for non-publication, in which case the Patent Office will not publish the patent application unless and until a patent is issued. But an applicant cannot file such a request if the patent application is being filed outside the United States. Then, the application must be published.
Interviewer: I see, that’s kind of confusing.
Patent Attorney: Yes, and the article correctly explains that these are very important business decisions that should be discussed with a qualified attorney to determine what is best given a particular situation.
Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
Interviewer: And what about trade secret?
Patent Attorney: The article offers a strategy, where the applicant for a patent files a non-publication request so that the Patent Office does not publish the patent. As such, the information can be maintained as trade secret. If the patent does not issue, or the applicant wishes to maintain the information as trade secret, the patent application is abandoned and therefore never publicly disclosed. Or when the patent does issue, it is protected by the patent (albeit no longer a trade secret).
Interviewer: So you’re not required to publish your patent application.
Patent Attorney: Generally, the Patent Office will publish your patent application 18 months after the filing date. But for those first 18 months, the patent application is maintained in confidence and cannot be accessed by the public. In addition, an applicant can file a request for non-publication, in which case the Patent Office will not publish the patent application unless and until a patent is issued. But an applicant cannot file such a request if the patent application is being filed outside the United States. Then, the application must be published.
Interviewer: I see, that’s kind of confusing.
Patent Attorney: Yes, and the article correctly explains that these are very important business decisions that should be discussed with a qualified attorney to determine what is best given a particular situation.
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
Interviewer: And what about trade secret?
Patent Attorney: The article offers a strategy, where the applicant for a patent files a non-publication request so that the Patent Office does not publish the patent. As such, the information can be maintained as trade secret. If the patent does not issue, or the applicant wishes to maintain the information as trade secret, the patent application is abandoned and therefore never publicly disclosed. Or when the patent does issue, it is protected by the patent (albeit no longer a trade secret).
Interviewer: So you’re not required to publish your patent application.
Patent Attorney: Generally, the Patent Office will publish your patent application 18 months after the filing date. But for those first 18 months, the patent application is maintained in confidence and cannot be accessed by the public. In addition, an applicant can file a request for non-publication, in which case the Patent Office will not publish the patent application unless and until a patent is issued. But an applicant cannot file such a request if the patent application is being filed outside the United States. Then, the application must be published.
Interviewer: I see, that’s kind of confusing.
Patent Attorney: Yes, and the article correctly explains that these are very important business decisions that should be discussed with a qualified attorney to determine what is best given a particular situation.
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
Interviewer: And what about trade secret?
Patent Attorney: The article offers a strategy, where the applicant for a patent files a non-publication request so that the Patent Office does not publish the patent. As such, the information can be maintained as trade secret. If the patent does not issue, or the applicant wishes to maintain the information as trade secret, the patent application is abandoned and therefore never publicly disclosed. Or when the patent does issue, it is protected by the patent (albeit no longer a trade secret).
Interviewer: So you’re not required to publish your patent application.
Patent Attorney: Generally, the Patent Office will publish your patent application 18 months after the filing date. But for those first 18 months, the patent application is maintained in confidence and cannot be accessed by the public. In addition, an applicant can file a request for non-publication, in which case the Patent Office will not publish the patent application unless and until a patent is issued. But an applicant cannot file such a request if the patent application is being filed outside the United States. Then, the application must be published.
Interviewer: I see, that’s kind of confusing.
Patent Attorney: Yes, and the article correctly explains that these are very important business decisions that should be discussed with a qualified attorney to determine what is best given a particular situation.
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
Interviewer: And what about trade secret?
Patent Attorney: The article offers a strategy, where the applicant for a patent files a non-publication request so that the Patent Office does not publish the patent. As such, the information can be maintained as trade secret. If the patent does not issue, or the applicant wishes to maintain the information as trade secret, the patent application is abandoned and therefore never publicly disclosed. Or when the patent does issue, it is protected by the patent (albeit no longer a trade secret).
Interviewer: So you’re not required to publish your patent application.
Patent Attorney: Generally, the Patent Office will publish your patent application 18 months after the filing date. But for those first 18 months, the patent application is maintained in confidence and cannot be accessed by the public. In addition, an applicant can file a request for non-publication, in which case the Patent Office will not publish the patent application unless and until a patent is issued. But an applicant cannot file such a request if the patent application is being filed outside the United States. Then, the application must be published.
Interviewer: I see, that’s kind of confusing.
Patent Attorney: Yes, and the article correctly explains that these are very important business decisions that should be discussed with a qualified attorney to determine what is best given a particular situation.
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
Interviewer: Thank you, I think that’s all we have time for today. For more information, be sure to visit Trenner Law Firm’s website at www.us-patentattorney.com and Mark Trenner’s blog over at www.ipatentattorney.org
