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Archived updates for Tuesday, May 02, 2006

Whether to Patent, Publish, or Keep Secret

In "A General Approach for Determining When to Patent, Publish or to Protect Information as a Trade Secret", Iraj Daizadeh, David Miller, Andy Glowalla, Mike Leamer, Ron Nandi & Clifford I. Numark of O'Melveny Consulting outline their approach to evaluating whether to patent, publish, or mainatin technology as a trade secret as illustrated here. Their approach involves several "decision points" that they summarize as
  1. Is public disclosure necessary?
  2. Is the idea easy to reverse engineer or discover independently?
  3. Is the technology area evolving quickly?
  4. Are you potentially interested in licensing the invention?
  5. Do the potential market revenues outweigh the patent and associated costs?
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