How to Keep the Lid on your ‘Secret Sauce’

January 26, 2017

For decades, companies have turned to the patent system to protect their inventions. Patents provide broad protection by granting an effective monopoly against competitors for 20 years—a monopoly that often survives the effective shelf-life of the invention in the marketplace. The tide, however, is undoubtedly changing. Patents in key sectors such as software are becoming more difficult to obtain and protect. Many believe the patent system is under assault in light of the newly created patent office inter-partes review procedures, numerous attempts by US Congress to curtail patent enforcement, and the Supreme Court’s decision in Alice Corp v CLS Bank. Given this perceived uncertainty, many companies are turning to trade secret protection to guard their intellectual property. Should your company be following suit?

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Li Zhu


Christine Yun Sauer

Prior Partner

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