Protecting IP: Patents and Trade Secrets Chipotle inc!

Chipotle Inc! Tyler Fetters – CEO Afton Winner – CIO Apolo Aguirre– CFO Kyung Shim - CTO

Noxid Recreation Center Larger recreation center Employing over 200 employee. Have a few weight rooms, several basketball and racquetball courts, an indoor track, Olympic size pool and diving well, as well as an indoor climbing wall.

Problem Description One of the Noxid employees has created a new machine Patenting and patent enforcement Best, fastest, and cost productive way What are the costs associated How long does it take How does Noxid create barriers to keep employees from taking their training and leaving How do we keep our employees from using us for training

Patents Definition- A set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention Invention- Must be New, Inventive, Useful or Industrially applicable. Primarily on codified Federal Law

Utilization Patents Invention- Must be New, Inventive, Useful or Industrially applicable. Noxid Recreation Center - Developed new revolutionary machine Utility Patent General Utility Specific Utility Moral or beneficial utility

Patent Process Develop/Invent Idea Determine if it can be patented Meet 3 Requirements: Novelty Non-Obviousness Utility Perform a patent search Apply for your patent (regular patent requirements) 2 Parts Specification Claims

Patent Cost and Time Apolo

IP: Patent– Professional Help Svitek Law Group Web Site Ideal for Small businesses Full service business law including patent help and no compete or any other business contract Cost: Hourly Rate Be organized a efficient all interaction is billed

Trade Secrets Definition- Formula, practice, process, design, instrument, pattern, or compilation of information - not generally known or reasonably ascertainable “Confidential Information" or “Classified Information". Based primarily on state law

Trade Secrets Utilization Mark computer files and documents with a confidential warning Restrict access to the trade secret to only those that really need to know Make anyone you disclose information to sign a non- disclosure agreement Keep information enclosed in a secured area Important to retain key employees Provide enough incentive for them not to “jump ship”

Trade Secrets – No competes Apolo

Trade Secrets Vs. Patents Apolo – compare and contrast

Concept Maps Trade Secret Protection Protect and Secure Secret Documents Hire Attorney Employee Non-Disclosure Agreements Non-Compete Clauses Applying For a Patent Patent Search Machine New Idea Write Specification Write Claim Get Machine Patented Machine Already Patented

Case Study/Patent Enforcement Patent enforcement is the process of legally maintaining one's patent grant. If an infringed patent is not enforced for many years, a patentee may lose the patent grant Due diligence in preparation of enforcing a patent could save literally millions of dollars in legal fees GPCI Web Page Patent Hawk

Overall Recommendations Decide whether you can afford legal assistance or not. If so contact either your current lawyer or Svitek Law and they will assist you along the way Search the Patent database to ensure your invention qualifies Fill out the paper work at the US Patent website Create a no compete contract All trade secret materials should be handled as such and take due diligence to keep them secrets Maintain your Patents Make Millions!

Questions Noxid? Class? Dave? V is for victory or defeat….

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