Patents and trade secrets provide two ways of protecting inventions and technology. Counsel must understand the pros and cons of each mode of protection to guide their clients in choosing between protecting an invention as a trade secret or filing for a patent.

Listen as our authoritative panel examines the choice between seeking patent or trade secret protection. The panel will discuss options in planning for protecting new inventions and technologies, considerations when determining which protection to pursue, and opportunities for coexistence between patents and trade secrets. The panel will offer best practices for determining which form of protection works best.

Outline

1. Overview of the Defend Trade Secrets Act (DTSA)
2. Impact of the DTSA on patents
3. Litigation trends
4. Inventions/technologies suitable for trade secret protection
5. Benefits and risks of patent and trade secret protection
6. Best practices for choosing between patent and trade secret protection

Benefits

The panel will review these and other key issues:

• What impact has the DTSA had on patents?
• For what types of inventions is trade secret protection most suitable? Which inventions are more suitable for patents?
• What factors should counsel consider when choosing between trade secrets and patents to protect IP?

Speakers:

• Darren M. Franklin, Partner, Sheppard Mullin
• Bradley C. Graveline, Partner, Sheppard Mullin
• Yasamin Parsafar, Partner, Sheppard Mullin