It is not always meaningful to try to protect technical knowledge by means of filing of patent and/or utility model applications. If the technical knowledge is used within a company and is accessible for a restricted number of persons only, it may become difficult to know and to show that the subject-matter as filed is used by a third party. On the other hand, when the technical knowledge is published as patent or utility model application, the knowledge is made irrevocably accessible to the public and hence also to competitors.

In such cases it may be an appropriate approach to keep the technical knowledge secret in the form of “know-how”. To this end, appropriate protective measures such as non-disclosure agreements and agreements about secret technological knowledge must be taken within the enterprise and when dealing with business partners. The attorneys of IP Advocates will advise you when implementing such protective measures and will prepare appropriate agreements for you.

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