“What do you mean?” Victoria asked, a troubled look descending on her face.
“You see, Victoria, you sold your first piece, using your new technique, more than one year ago.”
I explain the decision by the Supreme Court of the United States, which was published January 2019. Any doubt about what the “on sale” provision in the America Invents Act (AIA) means was erased by this decision.
“So, U.S. patent law bars patenting of an invention ‘on sale’ more than a year prior to the patent’s earliest filing date, even if an inventor and a buyer agree to keep the process secret,” I conclude.
“There’s still a chance to protect your invention under trade secret law…,” I add, hesitating at the quizzical look from Victoria.
“What do you mean?” she asks.
“If you take reasonable measures to keep your process secret, then state and federal law prevents others from misappropriating your ‘trade secrets’,” I said (using two fingers on each hand to provide air quotes around the words “trade secrets”).
Victoria timidly shakes her head “no” while stating, “my studio was just featured in a lifestyle magazine … it describes my technique.”
She hands over a copy of the article, which she brought with her to show me how the process works.
Victoria was so certain she would get a patent. She didn’t think she needed to keep anything secret.
Any artist could follow the “recipe” described in the article.
If only… I meet far too many “Victorias” and “Victors”
Please! Don’t You Be One.
Own Your “Secret Sauce” BEFORE Sharing Your Recipe.
If your business provides value to your customers by being innovative and creative, then probably you have a Secret Sauce that needs to be protected.
Let me help you. It’s what I do. It’s MY secret sauce. I call it “iPscaling”.
I’ve opened up some time to speak with innovative and creative entrepreneurs in the next week.
Why not jump on a FREE strategy call with me. You can book your strategy session today, using my convenient scheduler.