How organisations can protect their inventions without patenting

Confidential information is distinct from, but often complementary to, patent information. The latter is placed in the public domain as a quid pro quo for the limited period of legal protection conferred by the patent. This article explores the nature and protection of confidential information, primarily by reference to the position in the UK, Australia and New Zealand. The situations for employer/employee, and for outsiders are described. The relevance of ‘Non-Analysis Agreements’ (NAAs) when outsiders are involved is emphasised. Considerations for patent searchers and the springboard doctrine are also described.