How to protect your firm’s patents, trade secrets in 2014

How to protect your firm’s patents, trade secrets in 2014

How to protect your firm’s patents, trade secrets in 2014

Technology companies need to aggressively protect their intellectual property, file patent applications on new inventions quickly and watch for pending changes in patent laws and interpretations in 2014.

That's the advice from Darin Klemchuk of Dallas law firm Klemchuk Kubasta LLP. Klemchuk and I discussed recent changes in IP law in an interview.

Changes to patent laws that took effect in 2013 will continue to create urgency for inventors to file patent applications quickly, Klemchuk said. The American Invents Act's "first-to-file" rule went into effect in March 2013, fundamentally changing U.S. patent law from its previous "first-to-invent" approach.

"What that means is, companies need to file their patent applications as soon as possible," Klemchuk told me. "That’s something that all companies need to be mindful of going forward."

Other provisions in the act give companies more tools to fight off patent trolls, or companies that enforce patent rights against accused infringers to collect licensing fees but do not provide products or services based on the patents.

In the keep-an-eye-on category, the U.S. Supreme Court has agreed to hear Alice Corp. v. CLS Bank Intl., raising the possibility of a major shakeup in the interpretation of laws regarding the eligibility of patents for software and business methods.

"This case could just confirm the current law or it could be a total game changer," Klemchuk said. "It's a big deal."

Companies should also be sensitive to the fact that technological advances have increased risk to companies of trade secret theft and unfair competition, Klemchuk said. The increased use of social media, telecommuting, cloud computing and bring-your-own-device workplaces raise risks that should be addressed by employment agreements, employee handbook revisions and the similar steps, he said.

Bill covers health care, law, education and general assignments. Subscribe to our email newsletters.
Industries: