New York Law Journal Publishes Akin Gump IP Article on Changes in the Landscape of Innovation
New York Law Journal has published the article “Trends in Patents and Trade Secrets Change Landscape of Innovation,” written by Akin Gump intellectual property partner Michael Kahn and law clerk Matthew Weiss.
There have been several significant developments affecting intellectual property law, the article says, including decisions by the Supreme Court and Federal Circuit that narrow the scope of patentable subject matter as well as new federal legislation providing unified, federal trade secret protection to be enforced by the district courts. The authors write this has led to “a narrowing scope of patent protection and a growing availability of a more predictable trade secret enforcement regime.”
Kahn and Weiss observe that this divergent trend may lead some to make a strategic transition from a publicly facing patent protection model that requires “public disclosure of information describing and teaching the patented technology,” to a confidential, private trade secret model, where “the public cannot use the substance of trade secrets to perpetuate innovation.”
The article concludes by noting there is little to indicate that Congress has taken an interest in this issue. Kahn and Weiss propose that the most immediate solution “would be for the Supreme Court to clarify and narrow the scope of the judicially-created exclusions from patentable subject matter.” They add, however, that many believe the Court is unlikely to do this.
To read the full article, please click here.