4. Take appropriate protective measures

The measures to be taken depend on the nature of the innovations or assets to be protected, and are also part of strategic thinking.

So, in the presence of a patentable invention, it is essential to first consider the type of protection desired. This may seem a strange prerequisite, since if the invention is patentable, patent protection seems the obvious choice. However, this is not necessarily the best solution. Indeed, since the counterpart of patent protection is the disclosure of the invention, and its eventual entry into the public domain, it may in some cases be worth opting for secrecy.

Secrecy, if it is preserved and cannot be reverse engineered by third parties, can therefore be a more effective and longer-lasting form of protection. The company can also opt for both patent and secrecy, by not disclosing the optimum way of realizing...