The tension between patents, trade secrets, and the flow of information

摘要

New technology is being developed faster than ever today, spurred by competitive pressures and the promise of ever-increasing economic rewards. In this advanced economy, strategic business decisions can be more complex than ever, and it is important to understand how new technologies fit into the marketplace and in law. Paying attention to legal issues can be critical to the commercial success of a new technology. Patent law and the law relating to trade secrets are two particularly important considerations. Rushing blindly to the marketplace may erase competitive advantages associated with trade secrets, as well as those under patent legislation. As well, there is a legal tension between patents and trade secrets, and it is important to recognize the basis for this tension in order to preserve the rights engendered under either regime.