Operational knowhow is often critical to being able to produce commercial items for profitable sale. Synthesis at the laboratory scale is very different from large-scale manufacturing, which often requires special equipment, techniques, and packaging to make hundreds, thousands, millions, or even billions of pounds of product. Because of the different requirements and variables involved with large-scale manufacturing, the improved techniques are often not known until scale-up. When scale-up produces superior products, reduces costs, or extends shelf life, etc., a potential trade secret is identified. Often, this knowhow has not yet been developed when applying for patent protection, so it is not part of the inventive step filed at the USPTO.<br/><br/>If the technique(s) are kept out of publications, discussions, and presentations, and the knowledge is restricted to only a few, it is possible to create a sustainable competitive market advantage. It is rare that this knowhow can be duplicated using standard scientific processes. If these techniques cannot be reverse engineered or determined by analyzing the final product, for example, they can remain secrets that are legal, moral, and ethical. When the buyer/user of this knowhow recognizes the value of the product, the result is better financial results for the supplier/manufacturer due to greater volumes, greater revenue, and greater profitability. But this economic advantage lasts only as long as smart steps are taken to keep the operational knowhow secret. In this conversation, we will share some examples of trade secrets, how they can be protected, and how they can be lost.

Conversation about trade secrets

Fall 2022 abstracts, posters, and presentations will launch in mid-September.

ACS Fall 2022

The official archive and repository for all ACS Meetings & Expositions abstracts and select posters or presentations.