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Trade secrets play a role in U.S. innovation policy. Trade secrets may establish incentives to innovate because they provide a mechanism for firms to capture the benefits of their inventions. Yet trade secrets also have proven controversial because they suppress, rather than disclose, particular innovations to the public. They also may have a significant impact upon the mobility of highly trained employees between firms. Further, because innovators often face a mutually exclusive choice between patenting their inventions or maintaining them as trade secrets, alterations to one of these regimes may alter the perceived attractiveness of the other.
- ↑ See Michael Risch, "Trade Secret Law and Information Development Incentives" (full-text), in The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research (Rochelle C. Dreyfuss & Katherine J. Strandburg eds. 2010).
- ↑ See Michael P. Simpson, "The Future of Innovation: Trade Secrets, Property Rights, and Protectionism — An Age-Old Tale," 70 Brooklyn L. Rev. 1121 (2005).
- ↑ See Charles Tait Graves, "Trade Secrets as Property: Theory and Consequences," 15 J. of Intell. Prop. L. 39 (2007).
- ↑ See Daniel C. Munson, "The Patent-Trade Secret Decision: An Industrial Perspective," 78 J. of the Pat. & TM Off. Soc'y 689 (1996).
- ↑ See Douglas Lichtman, "How the Law Responds to Self-Help," 1 J. of L., Econs. & Pol'y 215 (Winter 2005) (observing that trade secret law acts "as both a complement to and competitor for patent law.").