When Trade-Secrets Are Tried To Be Superimposed Over Patents!

It should be considered a wrong precedence if in case trade-secrets are being superimposed, or, tried to be superimposed over patents! The ‘generalized’ structure of the claims shouldn’t become the part of the specification anywhere. The non-inclusion of the precise metrics in the claims, in anticipation of then being used the same invention as a trade secret, should be negated in the specification. As the invention itself is restricted to the scope defined by the best method performed, and not wherein in the generalized definition in anticipation of the same invention to be then being considered as the trade secret as well. And there’s a reason behind that.

Let’s take one example. Say that, at a particular ^oC/F, a product or process is considered to work, that’s then being disclosed as the best method of performing of the invention. Then, in the claims of the specification, the Applicant must be asked to define the precise metrical data i.e. at what ^oC/F, be it 10^oC/F or 1000^oC/F wherein that product or process works, and shall then be considered to be as the best method of performing of the invention. Merely inclusion of general terms or data (like 10-1000 or at a certain degree etc.) without including the precise metrics, in fear that some other person would easily replicate while reading the claims/specification published, and furthermore merely to keep it as a trade secret, should be discouraged; and furthermore shouldn’t then be allowed to become the part of the specification only. WHY? Because that’s what differentiates between patents and trade-secrets. The latter is a secret, wherein the legality of which is only restricted to the parties under Contract or NDAs or any specific Agreement signed. Whereas, Patents carry the exclusive rights for twenty years, for initiating the genuine infringement proceedings against anyone, until its validity, even with the retrospective effect. And thus, the Claims in the specification MUST be specific, with precise exact metrics, numerals, data involved; and no general terms must be included then. And if done, then Trade Secrets are being silently superimposed over the Patents itself, expanding the scope of the trade-secrets, whereas, limiting & devaluing the need of the patent!

© Pranav Chaturvedi