PATENTS AND TRADE SECRETS
The federal Patent and Trademark Office (PTO) can issue patents to anyone who invents or discovers a process, machine, or method of manufacture that is "novel," "useful," and "nonobvious." The patent grants exclusive rights to control the production, use, and sale of the invention within all U.S. jurisdictions. The patent holder can sue even for inadvertent infringement.
A trade secret is any information used in the operation of a business that provides the business an advantage, including scientific, technical, or commercial information, and even customer lists. The owner must protect the trade secret from becoming widely known. Wrongful disclosure or use of a trade secret may be enforced in court against anyone who has a duty to maintain secrecy.
Among recent legislation was the Economic Espionage Act (EEA) of 1996, which made the theft of trade secrets a federal crime. It broadened the definition of property to include the phrase, "tangible or intangible, and whether or how stored," which facilitates prosecution for trade secrets taken in electronic form.
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