The Corporate Preference for Trade Secret

Authors

Andrew A. Schwartz, University of Colorado Law SchoolFollow

Document Type

Article

Publication

Ohio State Law Journal

Year

2013

Citation Information

Andrew A. Schwartz, The Corporate Preference for Trade Secret, 74 Ohio St. L.J. 623 (2013), available at https://scholar.law.colorado.edu/faculty-articles/679.

Abstract

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to their legal form. Among them is the idea that corporations are perpetual entities and therefore perfectly suited to reap the perpetual returns that only a trade secret can offer. The Article also addresses the potential for a conflict between the inherent corporate preference for trade secret and the preferences of corporate managers, who may prefer patent for reasons of their own.

Comments

"Originally published in 74 Ohio St. L.J. 623 (2013)."

Copyright Statement

Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.