Tech Transfer Central
Archer Norris

Trade Secret vs. Patent Protection After AIA: Making the Choice

Understanding AIA's Impact on Trade Secrets, Evaluating the Protection Options, Weighing the Benefits and Risks
Published by Strafford Publications, Inc.
Format: On-Demand or DVD
Originally presented: March 26, 2014

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Price: $297
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Please note: You will be taken to the Strafford website to complete your order.

This CLE webinar will provide guidance for IP counsel in determining trade secrets or patents as the mode of protection for inventions and technologies. The panel will examine the AIA’s impact on trade secrets and offer best practices for determining which form of protection works best for the subject matter.


Patents and trade secrets provide two ways of protecting inventions and technology. However, the AIA changed the playing field. Disclosure requirements have been decreased. Those who commercially used an invention at least a year before the patent was filed now have a defense to infringement claims.

Counsel must understand the AIA’s impact and the pros and cons of each mode of protection in order to guide their clients in choosing between protecting inventions as a trade secret or filing for a patent or utilizing a strategy of both trade secret and patent protection for an invention.

Listen as our authoritative panel examines the impact of the AIA on trade secrets and the choice between seeking patent or trade secret protection. The panel will discuss options in planning for the protection of new inventions and technologies, considerations when determining which protection to seek, and opportunities for coexistence between patents and trade secrets invention. The panel will offer best practices for determining which form of protection works best.


  • Impact of the AIA on trade secrets
  • Inventions/technologies suitable for trade secret protection
  • Benefits and risks
  • Best practices
    • Choosing between patent and trade secret protection
    • Implications of the decision


The panel will review these and other key questions:

  • What impact does the AIA have on trade secrets?
  • Which subject matter is more suitable for trade secrets? Which is more suitable for patents?
  • What factors should counsel consider when choosing between trade secrets and patents as the mode of IP protection?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.


R. Mark HalliganPartner
Nixon Peabody, Chicago
Mr. Halligan focuses his practice on intellectual property litigation and complex commercial litigation.  He has successfully tried numerous cases regarding the misappropriation, protection and enforcement of trade secrets. He also advises corporate entities and conducts internal audits on trade secret valuation, asset management and best practices to minimize the misappropriation of trade secrets.

Pejman F. Sharifi, Partner
Winston & Strawn, New York
Mr. Sharifi concentrates his practice in transactional, counseling, litigation, and licensing matters. He prepares and prosecutes patent applications, represents clients in patent infringement suits, manages IP assets, provides invalidity and non-infringement opinions, counsels with respect to strategy; and evaluates IP assets in the context of litigation, mergers, acquisitions, and investments.

Register Today!

Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education

Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

order button
Please note: You will be taken to the Strafford
website to complete your order.