In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
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COVID-19
Limited Relief for Patent and Trademark Applicants Affected by COVID-19
The U.S. Patent and Trademark Office (USPTO) is offering limited relief to patent and trademark applicants affected by coronavirus disease (COVID-19) by waiving the fee for filing a petition to revive an abandoned patent or trademark application. Under an official notice issued by the USPTO, the office is considering the effects of the coronavirus to be “an extraordinary situation” justifying the waiver of fees. Deadlines and other requirements set by statute remain in force, but the USPTO is lowering the financial costs for reviving a patent or trademark application that went abandoned when a deadline was missed. Additionally, the USPTO is waiving the requirement for an original handwritten signature in the few instances where the office requires one.
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