Trade Secres vs. Patents #4

When considering how to protect sensitive and valuable information, companies are often faced with a choice: to file a patent or keep a trade secret. In this blog post I will outline some of the pros and cons of both and let you decide which you think might best accommodate your particular asset. The first component we must look at is time: while a patent can only stay valid for about 20 year, a trade secret can last indefinitely, so long as the secret is not revealed. The trade secret process requires no formalities or bureaucracy which allows it to go into effect immediately. On the other hand, because of that lack of formality, there is no legal code protecting it from being replicated or stolen. In other words, the only line of defense with a trade secret is the ability to keep it secret. Another disadvantage of a trade secret is how vulnerable your product may become to the public market. If your product is one that can be reverse engineered, third parties may be able to obtain the secret information by legitimate means and even file to patent the secret. Depending on the patentability of a given product, companies have to assess the pros and cons of these various methods of protection and make the decision based on a very precise calculated risk.

http://www.wipo.int/sme/en/ip_business/trade_secrets/patent_trade.htm

Samsung's Superbowl ad Mocking Apple's Patent War #3

Samsung produced a Superbowl commercial that featured Paul Rudd and Seth Rogan, to ultimately shed light on the absurdity of the patent war recently led by Apple. Although they didn't cite Apple by name, the commercial was a clear attempt to make a jab at their arch nemesis who led the recent litigation campaign against them for allegedly infringing its design patents. The commercial featured a witty conversation in which Paul Rudd and Seth Rogan attempt to say the word "Superbowl" and the names of the teams playing, but are stopped because those terms are trademarked and Samsung could get sued. Instead they have to refer to the teams by using alternative names such as "the San Francisco 50 minus ones" and the "Baltimore BlackBirds." This comedic depiction of the sensitivity surrounding patents and trademarks reveals that when advertising products and designing features, a lot of precaution must be taken to avoid getting sued. This conversation related to our class discussion regarding the various types of intellectual property and how easily they could be infringed without even intending to.

http://www.theinquirer.net/inquirer/news/2240800/samsungs-superbowl-ad-teaser-mocks-apples-patent-war?WT.rss_f=Home&WT.rss_a=Samsung%27s+Superbowl+ad+teaser+mocks+Apple%27s+patent+war

Why Patent Engineering at Berkeley? #2

I am taking Patent Engineering (IEOR 190G) because of my passion for technology and entrepreneurship. During my time at Berkeley I have had the opportunity to work with a number of start up companies in Silicon Valley and have learned much about the high tech industry as a result. The bay area is the hub of one of the most profitable and revolutionary industries in the world, one that is founded upon a process of innovation and creative thinking. Intellectual property and patenting create frameworks in which those ideas become profitable realities and allow inventors and entrepreneurs to contribute to society as a result. I am truly interested in learning about the process surrounding intellectual property from engineering and business perspectives. I want to learn how to avoid infringement on other patents, how to identify the "patentability" of inventions, and ultimately how to use patents to turn a profit. This past summer I worked in Venture Capital and was constantly asked to assess the viability of a company's patents. Does a particular patent have any claim on the market? If so, how large is that market and what value proposition does that particular patent have from a competitive standpoint. How can a particular patent be used as leverage in an industry to obtain market power as apple has done? I want to understand how to use patents not only as a business tool but also how protecting intellectual property can become a profitable investment. The last piece I want to understand about patent engineering is how to file a patent and be comfortable doing so. This will enable me to ask tough questions to start up teams that are looking for partnerships and or seeking investments. I look forward to working with Dr. Tal Lavian as I have worked with him in the past through my student organization, TAMID Israel Investment Group.