But don't they have to put something on the patent application? Can they claim trade secret status for something that was on a patent application, but rejected? That seems like they're getting it both ways.
At this point, in this country, a patent is secret until it is issued. It is interesting to note that the process of issuing a patent can take an indefinite period, and to some extent it is in the control of the person seeking the patent. The typical slimy thing to do is to file for a patent, and keep it a trade secret too. Delay the issuance until somebody discovers your secret, then allow the patent to be issued. This is called a "submarine" patent. It allows the best of both worlds, and extends the patent as far in to the future as possible (17 years from issue date, in this country, regardless of filing date). You can delay the patent's issuance by continuing to file amendments to it. Gilbert Hyatt's recent patent on microprocessors is the classic example. Now, this is all expected to change, to become more harmonious with the rest of the world. The changes that I've heard are 1) Go to first-to-file instead of first-to-invent 2) Life is 20 years from filing date, instead of 17 years from issue date 3) Publicize patents some fixed time from filing date, say 1 year As you can imagine there are armies of lawyers on both sides of the issue, so I don't think that you'll see any changes in the law any time soon, but you never know. thad -- Thaddeus Beier email: thad@hammerhead.com Technology Development vox: 408) 286-3376 Hammerhead Productions fax: 408) 292-8624