There is a tension between filing for patent protection versus protecting subject matter as a trade secret. From a cash-strapped startup founder’s point of view with too many tasks on his or her plate, one may seem expensive and complicated, the other may seem cheap and easy.
Historically, patent protection has won the day. However, trade secret rights are recently strengthened in numerous jurisdictions. Given this trend, it is worth exploring whether certain categories of inventions are more amenable to trade secret protection, as opposed to seeking patent protection therefore.
George Summerfield, Gina A. Johnson and Jason R. Freeck take a closer look at protection in the US for innovation related to artificial intelligence by trade secret.
Read their contribution here!
