Situations arise in which it becomes necessary, or desirable, for parties to proceedings in the Patent and Trademark Office relating to pending patent applications or reexamination proceedings to submit to the Office trade secret, proprietary, and/or protective order materials.
https://www.uspto.gov/web/offices/pac/mpep/s724.html
Before this week, I had never thought much about trade-secrets issues intersecting with the First Amendment. But then I read the complaint in a lawsuit filed by hedge fund Greenlight Capital Inc. against the owner of a website called seekingalpha.com, which published a post disclosing Greenlight’s then-confidential investment strategy.
https://protectingtradesecrets.com/2014/02/20/trade-secrets-and-the-first-amendment/
Thus, any trade secret, proprietary, and/or protective order materials which are required to be submitted on behalf of a patent applicant under 37 CFR 1.56 or patent owner under 37 CFR 1.555 can be submitted in accordance with MPEP § 724.02.
https://www.uspto.gov/web/offices/pac/mpep/s724.html
Introduced in Senate (04/29/2014) To modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets. To modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets. SECTION 1.
https://www.congress.gov/bill/113th-congress/senate-bill/2267/text
Protection of Trade Secrets: Overview of Current Law and Legislation. Congressional Research Service 3. In addition, the Supreme Court has held that a person can have a property interest in a trade secret. (protected by the Taking Clause of the Fifth Amendment), although “[b]ecause of the intangible.
https://fas.org/sgp/crs/secrecy/R43714.pdf
If any trade secret, proprietary, and/or protective order materials are submitted in amendments, arguments in favor of patentability, or affidavits under 37 CFR 1.130, 1.131 or 1.132, they will be made of record in the file and will not be given any special status.
https://www.uspto.gov/web/offices/pac/mpep/s724.html
Civil proceedings. “(a) Private civil actions.—. “(1) IN GENERAL.—An owner of a trade secret may bring a civil action under this subsection if the person is aggrieved by—. “(A) a violation of section 1831(a) or 1832(a); or.
https://www.congress.gov/bill/113th-congress/senate-bill/2267/text
A trade secret is confidential, commercially valuable information that provides a company with a. competitive advantage, such as customer lists, methods of production, marketing strategies, pricing information, and chemical formulae. (Well-known examples of trade secrets include the.
https://fas.org/sgp/crs/secrecy/R43714.pdf
Laws prohibiting trade-secret misappropriation by definition restrict speech. Essentially, the Uniform Trade Secrets Act* recognizes that, for example, if you obtain a trade secret you know was acquired by improper means, you are not permitted to disclose that information.
https://protectingtradesecrets.com/2014/02/20/trade-secrets-and-the-first-amendment/
Greenlight now needs the writer’s identity, so that it can sue him or her for misappropriating trade secrets. In a New York Times article discussing this lawsuit, high-profile First Amendment lawyer Floyd Abrams offered thoughts on how the suit implicated constitutional issues:
https://protectingtradesecrets.com/2014/02/20/trade-secrets-and-the-first-amendment/
trade secret amendment
If any trade secret, proprietary, and/or protective order materials are submitted in amendments, arguments in favor of patentability, or affidavits under 37 CFR 1.130, 1.131 or 1.132, they will be made of record in the file and will not be given any special status.