IP Review Winter 2019/20

13 Patents Despite the fertile ground for innovation, there are companies that choose to rely on keeping valuable technology a trade secret... carefully at the filing strategy and consider the supply chain as a whole. Despite the fertile ground for innovation, there are companies that choose to rely on keeping valuable technology a trade secret (SpaceX being the most well- known). The motivation behind their widely publicised decision not to file patents is that applications are eventually published and this could in theory allow unscrupulous third parties to copy their hard-developed technology wholesale. Whilst this would be in defiance of international and national law, as already set out this law is still in its infancy and therefore largely untested when it comes to space. Whilst this approach may have its advantages, trade secrets are likely to be unsuitable for many small to medium sized companies hoping to break into the space market. Companies who are unable to provide their own launch vehicles will often have to band together or hitch a ride on a third party rocket, and collaborative projects of this nature often require all parties to disclose their payload for reasons of safety and security, thus exposing any technology to inspection. To summarise, when selecting territories to seek patent protection in, it often bears fruit to consider factors beyond the obvious, and to think about what filing strategies best fit your commercial goals, as well as what you see as the overall purpose of your patent portfolio. To find out more contact James Richardson-Bullock jrichardson-bullock@withersrogers.com Matthew Pennington mpennington@withersrogers.com