Secret Sale is Prior Art

Introduction The US patent code states that a person is entitled to a patent if the invention is novel, non-obvious and has utility. To be novel, the invention cannot have been previously disclosed in the prior art. 35 U.S.C. Section 102(a) “Novelty; Prior Art.” states:              “A person shall be entitled to patent unless  the claimed…

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Trade Secrets vs. Patenting

The Continuing Dilemma: Trade Secrets (Hidden Use) vs. Patent (Disclosed Monopoly) Disclaimer: I am biased against protecting know-how as a trade secret.  I participated in a 3 years chase of ex-employees turned competitors utilizing a trade secret manufacturing technique.  The burden of establishing the fact that the technique (consistently held behind the curtain and protected as the…

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