Technology Protection

Industrial growth and survival in today's competitive world means both economic efficiency and technological superiority. Superior technology includes not only exploiting the best methodologies and techniques presently available, but also a continuous search for and development of, better ones. In practical terms this translates into an investment of substantial sums of money. Of course, even a relatively small investment will not be justified if the fruits of the project cannot be secured to the investor and the inventor alike. There are at least three ways to protect new or improved technology. If the improvement reaches the height of an invention, "patenting" usually is the preferred mode of protection. If, however, the improvement is novel and valuable but does not satisfy the requirements of the patent laws, one may then consider "trade secret" agreements as a means of obtaining appropriate return for the investment made so long as the improvement is capable of being maintained in secret and cannot be "reverse engineered." If one develops a new and useful organism and seeks immediate protection from infringers, current thinking is that the copyright law may afford such protection simply by publishing the genetic code. Here is one instance where you may publish without perishing! This paper will endeavor to highlight the pros and cons of various legal mechanisms and their applicability to the frontiers of technology.