What are the positives and negative of applying for a patent

Assignment Help Marketing Management

Reference no: EM133542215

Problem

Based on the scenario provided,

Scenario:

You work for Jackson Smith Products (JSP), a company that develops and markets shaving creams in aerosol cans. In recent years, JSP lost market share when consumers rejected aerosols because of environmental concerns about the aerosol propellants and about disposal of the cans. JSP researchers have developed a new non-aerosol delivery system that requires processing the shaving cream ingredients in a particular order at precise temperatures for a prolonged period of time in order for the cream to flow smoothly. The end result is a more consistent, smoother product for consumers. The system is very similar to the process used by the food industry to make whipped cream.

Because the new system involves several different steps at various points in the ingredient-mixing and ingredient-packaging process, JSP has, so far, been able to segment and isolate those steps throughout research and production. The company devised a method to ensure that only top management has access to the entire process and that employees see only the small part of the process in which they are directly involved.

Taylor Fairchild, the manager of the development team, is unsure of whether to seek a patent on the invention, or to treat the invention as a trade secret instead, thinking a trade secret may have longer intellectual property protection than a patent. The manager has asked you to analyze this issue.

Question A. How to create a professional business memorandum to Taylor Fairchild that provides your legal analysis of the following (including biblical worldview integration):

Question B. What are the positives and negatives of applying for a patent and of relying on trade secret protection for JSP's invention?

Question C. What steps will JSP need to take to protect the invention under a patent filing? What steps will JSP need to take to protect the invention if it is treated as a trade secret?

Question D. Application/conclusion: Given the facts as you know them, which option is best for JSP and why?

The memo must be styled as a business memo*. Substantive legal analysis and arguments must be provided. Be sure that the majority of legally relevant facts are noted and all of the legal issues are analyzed. Your analysis and application/conclusion must be supported by at least 3 legal or scholarly sources other than the textbook/course materials. All sources must be cited in both in-text short citations and in a reference list at the end of the memo with full citations. Any sources cited must have been published within the last five years.

Reference no: EM133542215

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