Abstract

http://ssrn.com/abstract=2368557
 


 



The Corporate Preference for Trade Secret


Andrew A. Schwartz


University of Colorado Law School

December 23, 2013

Ohio State Law Journal, Vol. 74, No. 4, 2013
U of Colorado Law Legal Studies Research Paper No. 13-19

Abstract:     
Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to their legal form. Among them is the idea that corporations are perpetual entities and therefore perfectly suited to reap the perpetual returns that only a trade secret can offer. The Article also addresses the potential for a conflict between the inherent corporate preference for trade secret and the preferences of corporate managers, who may prefer patent for reasons of their own.

Number of Pages in PDF File: 47

Keywords: Patent, trade secret, corporations, perpetual, signal, secrecy, lock-in, liquidity

JEL Classification: K00, K11, K2, K20, K22, O3, O32, O34

Accepted Paper Series


Download This Paper

Date posted: December 25, 2013  

Suggested Citation

Schwartz, Andrew A., The Corporate Preference for Trade Secret (December 23, 2013). Ohio State Law Journal, Vol. 74, No. 4, 2013; U of Colorado Law Legal Studies Research Paper No. 13-19. Available at SSRN: http://ssrn.com/abstract=2368557

Contact Information

Andrew A. Schwartz (Contact Author)
University of Colorado Law School ( email )
401 UCB
Boulder, CO 80309
United States

Feedback to SSRN


Paper statistics
Abstract Views: 300
Downloads: 66
Download Rank: 202,553
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds