INVENTION: ”Cortana Windows 10”
your role as a manager: Once you have chosen an invention or some technology that meets the criteria outlined in Part A, you must then step into a management role and make a determination of whether the technology should be protected as a trade secret or whether the company should pursue patent protection. To complete the assignment, please respond to the following questions (See my note below regarding the required format.): 1. Explain how the product or technology you have chosen can be protected as a trade secret. Be sure to analyze the technology you have chosen applying the denition and standards of trade secret protection as dened in the Uniform Trade Secrets Act.
2. Discuss in detail the specic procedures and steps that would be necessary for the company to take in order to establish and maintain trade secret protection. Be sure to discuss any necessary actions with regard to interactions with employees and third parties.
3. Explain how the technology is patentable. Here, be sure to discuss the standards of patentability, the categories of patentable subject matter and the areas of subject matter that are not patentable, such as abstract ideas, laws of nature and physical phenomena. Explain which statutory category(ies) the product or technology would fall into.
***An important note about patentability. As you know, in order for an invention to receive patent protection, it must be novel and non-obvious. These are legal standards that require an advanced and thorough patent search and analysis to establish. Do not get hung up on these requirements. Instead, you should discuss the standards and simply make an assumption that the product or technology can be patented, in that it is novel and non-obvious. I am not asking you to perform a patent search or give a denitive response as to whether the invention is in fact novel and non obvious. Patent searching and analysis takes years of training and I am absolutely not asking that you undertake this role.
4. Finally, make a recommendation to the companys business development and strategy team regarding which method of intellectual property protection the company should pursue. Should the company pursue patent protection or proceed with trade secret protection? Be sure to discuss and analyze the differences between the two types of IP protection and explain the benets as well as the drawbacks of each strategy as they relate to your product or technology.
(Note – your invention may already be covered by a patent or protected as a trade secret. In this case, you must still provide an analysis of patent and trade secret eligibility in your nal paper.)
Required Format Your case study should be 3-5 pages and should answer questions 1-4 outlined above. Please respond to the each question, numbering your responses corresponding to the questions. Be sure to include an explanation of the technology.
