Attorney In Colorado Discusses Patents vs Trade Secrets – Part 1 of 3

Introduction: This morning we are interviewing Denver-area patent attorney Mark Trenner. Mark has been practicing as a patent attorney in Colorado for almost 14 years; the past 9 years at Trenner Law Firm. While his practice focuses primarily on helping small businesses protect their inventions with patents, Trenner Law Firm assists clients build out all aspects of their intellectual property portfolio, including copyrights, trademarks, and trade secrets.

Interviewer: The National Law Review recently published an article that appeared in the Orange County Business Journal titled “Trade Secret or Patent – The Choice is not Always Simple.” Please start by explaining the difference between a trade secret and a patent.

Patent Attorney: Sure, a trade secret is anything that can be maintained as a secret. If it can be reverse engineered, then it can’t be protected as a trade secret. So for example, a recipe might be protected as a trade secret. Think of the Bush’s Baked Beans commercial.

Interviewer: Where the dog wants to give away the family recipe.

Patent Attorney: Right, and the owner always stops the dog just in time. That’s because if the recipe were to be broadcast on national television, it would be considered to be in the public domain and no longer subject to trade secret protection.

For Part 2 of 3, Follow This Link: Attorney In Colorado Discusses Patents vs Trade Secrets – Part 2 of 3

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