Israel Patent Attorney Exam cheat sheet

The Patents Law, 5727-1967 is the governing statute; the Israel Patent Office (ILPO) sits within the Ministry of Justice and the Registrar of Patents is the deciding authority at first instance.

Section 2 defines a patentable invention as a technical solution to a problem that may be a product, process, or use, capable of industrial application, novel, and involving an inventive step.

Section 4 excludes from patentability: discoveries, scientific theories, mathematical methods, aesthetic creations, schemes/rules/methods for mental acts or games, presentations of information, and methods of medical treatment of humans (but not diagnostic compositions or substances).

Section 5 addresses novelty; Section 6 inventive step; Section 7 industrial applicability. Section 8 bars patents whose exploitation would be contrary to public order or morality.

Section 9 provides a novelty grace period: disclosure by the inventor or their successor within 12 months before the filing date does not destroy novelty in defined circumstances (e.g., disclosure at a recognized exhibition or by an unauthorized disclosure).

Section 18 sets the patent term at 20 years from the filing date, subject to maintenance fees and to extensions under Sections 64A-64I for pharmaceutical and certain other products.

Section 52 governs opposition; Section 73 addresses revocation; the statute is administered by the Registrar with appeals to the District Court and further to the Supreme Court.

The Law has been amended repeatedly (notably 1995, 1998, 2012, and 2014 amendments aligning with TRIPS and PCT), so citation must reference the current consolidated version.

Novelty (Section 5): an invention is novel if it was not published, used, or otherwise made available to the public, in Israel or abroad, before the priority date; the test is whether the prior art discloses all features of the claim.

Inventive step (Section 6): the invention must not be obvious to a person skilled in the art in light of the prior art; ILPO applies the problem-and-solution approach analogous to the EPO.

Industrial applicability (Section 7): the invention must be capable of being made or used in any kind of industry, including agriculture; purely abstract or non-reproducible subject matter fails.

Exclusions under Section 4 include methods of medical treatment of the human body (surgical, therapeutic, diagnostic practiced on the body), but substances and compositions for use in such methods are patentable.

Section 7A (added 2014) excludes from patentability certain biological material and essentially biological processes for producing plants or animals, aligning with the 'no patents on life' debate.

The person skilled in the art is a hypothetical practitioner with the common general knowledge in the field at the priority date; common general knowledge can include standard textbooks and handbooks.

Secondary indicia of non-obviousness (long-felt need, commercial success, unexpected results, licensing by competitors) are considered but are not conclusive.

Selection inventions require the selected sub-range to be novel and to produce a technical effect not shown by the broader disclosure.

Section 12 requires the application to contain a description, claims, abstract, and drawings where necessary; the description must enable a person skilled in the art to carry out the invention (Section 13).

Claims must be clear, supported by the description, and define the invention by technical features; independent and dependent claims follow the standard format under the Regulations.

Section 13 requires the specification to disclose the best mode known to the applicant at the filing date; failure can be a ground for revocation.

Unity of invention (Section 14): one application per inventive concept; lack of unity triggers a restriction requirement and divisional applications.

The abstract is for information only and is not used to interpret the scope of protection; the claims define the scope under Section 49.

Priority under Section 10: a 12-month convention priority may be claimed from a first application in a Paris Convention or WTO member state; multiple priorities are permitted for different claims.

A priority document must be filed within the prescribed period; the priority date fixes the relevant date for novelty and inventive step for the claims entitled to it.

Functional and result-to-be-achieved claims are scrutinized; claims defined solely by the result may be rejected for lack of clarity or undue breadth.

Filing: applications may be filed in Hebrew or English; if filed in English, a Hebrew translation must follow within the prescribed period (Regulations).

Examination is substantive and conducted by an ILPO examiner; the applicant receives an office action and must respond within the set period (typically 3 months, extendable).

Objections commonly raised: lack of novelty, lack of inventive step, lack of clarity, lack of support, non-unity, excluded subject matter, and formal defects.

Amendment: Section 22 permits amendment of the specification and claims before grant, subject to the Registrar's approval; amendments cannot add matter beyond the original disclosure (Section 23).

Post-grant amendment is possible under Section 23 but is subject to opposition and cannot broaden the scope of the claims.

Opposition (Section 52): any person may oppose a granted application within 3 months of publication of acceptance, on grounds of lack of patentability, insufficient disclosure, or improper applicant entitlement.

Opposition procedure is adversarial before the Registrar; evidence is filed by affidavit, with cross-examination available; the Registrar's decision is appealable to the District Court.

Divisional applications must be filed while the parent is pending and cannot introduce matter not in the parent; the divisional's claims must be supported by the parent's disclosure.

Paris Convention (1883, Stockholm Act 1967): national treatment, right of priority (12 months for patents, 6 months for designs and trademarks), and independence of patents between member states.

PCT (1970): international phase comprises filing, international search (ISA), and optional preliminary examination (IPEA); the national phase in Israel is entered within 30 months (or 31 in some cases) from the priority date.

PCT Article 11 gives the international filing date; Article 8 priority claim; Article 19 amendments after the ISR; Article 34 amendments during Chapter II.

TRIPS (1994): minimum standards for patentability (Article 27), 20-year term (Article 33), and effective enforcement; Israel is a WTO member and bound by TRIPS.

TRIPS Article 27(1) prohibits discrimination as to field of technology, place of invention, or whether products are imported or locally produced.

Priority claim must be made within the 12-month period; restoration of priority is possible in limited circumstances under PCT Rule 26bis.3.

Israel is a PCT contracting state and a Paris Union member; national phase entry is governed by the Israel Patents Regulations and the PCT Applicant's Guide.

The EPO is not a regional office for Israel; Israel has no regional patent system, so protection abroad requires national or PCT filings.

Infringement (Section 49): making, using, offering for sale, selling, or importing a patented product, or using a patented process, without the patentee's consent, in Israel.

The scope of protection is defined by the claims, interpreted in light of the description and drawings; the doctrine of equivalents is applied narrowly in Israel.

Defenses include: invalidity (lack of novelty, inventive step, or excluded subject matter), experimental use, private non-commercial use, and prior user rights (Section 55).

Section 54 provides a prior user defense for a person who was using the invention in good faith before the priority date; the right is limited to the same use.

Remedies (Sections 183-190): injunction, damages, account of profits, delivery up, and declaratory relief; the court may also order publication of the judgment.

Assignment must be in writing and recorded with the Registrar to be effective against third parties (Section 33); a license may be exclusive or non-exclusive and should be recorded.

Compulsory licenses (Sections 117-126) may be granted for non-working, dependent patents, or public health needs, subject to procedural safeguards.

The burden of proving invalidity rests on the party challenging the patent; validity is presumed until rebutted.

Israel does not have an EU-style SPC regime; instead, Sections 64A-64I of the Patents Law provide for patent term extension (PTE) for pharmaceutical products.

PTE is available where the patent covers a pharmaceutical product that required regulatory approval before marketing; the extension compensates for the regulatory review period.

The extension is calculated based on the period between the patent filing date and the date of the first marketing approval, capped at a maximum (currently 5 years under the Law).

The application for extension must be filed with the Registrar within 90 days of the first marketing approval in Israel or in a recognized country, per the Regulations.

The extension applies only to the claims covering the approved product and its approved uses; it does not extend the entire patent.

The extended term cannot exceed 14 years from the date of the first marketing approval (mirroring EU SPC principles).

Pediatric extensions may add a further 6 months in defined circumstances; the Registrar publishes the extension in the Patents Journal.

Third parties may oppose the grant of an extension; the Registrar's decision is appealable.

Trademarks: governed by the Trademarks Ordinance (New Version) 5732-1972; registration for 10 years, renewable indefinitely; Israel follows the Nice Classification.

Designs: governed by the Designs Law 5777-2017 (replacing the older ordinance); protection for the appearance of a product, 5-year term renewable up to 25 years.

Copyright: governed by the Copyright Law 5768-2007; protection for literary, artistic, dramatic, and musical works, generally life of the author plus 70 years.

Trade secrets: protected under the Commercial Torts Law 5759-1999; misappropriation of a trade secret is a civil wrong; no registration is required.

The 'new' Designs Law 5777-2017 introduced a 12-month grace period for disclosure and a substantive examination system.

Trademark oppositions are filed with the Registrar within 3 months of publication; the procedure is similar to patent oppositions.

Copyright and design protection can overlap; the Designs Law excludes certain functional features from protection.

Israel is a member of the Berne Convention, the Paris Convention, and the Madrid Protocol (since 2010).

Patent attorneys in Israel are regulated by the Israel Patent Attorneys' Regulations and the Chamber of Patent Attorneys; admission requires passing the bar examination and fulfilling practical training.

Attorney-client privilege applies to communications with a patent attorney in the same way as with a lawyer, per the Evidence Ordinance and the Patents Law.

Conflict of interest rules require disclosure and, where necessary, withdrawal; a patent attorney cannot represent two clients with adverse interests in the same matter.

Confidentiality obligations survive termination of the engagement and extend to former clients.

The attorney must act in the client's best interest, provide competent representation, and keep the client informed of material developments.

Fee arrangements must be disclosed in writing; contingency fees are restricted in patent prosecution matters.

The attorney must not mislead the Registrar or the court; candor obligations apply to submissions and evidence.

Professional misconduct can result in disciplinary proceedings before the Chamber's disciplinary committee, including suspension or revocation of the license.

Proceedings before the Registrar are governed by the Patents Law and the Patents Regulations; the Registrar has powers to summon witnesses, order discovery, and award costs.

Evidence is given by affidavit, with the right to cross-examine; the standard of proof is the balance of probabilities.

Interlocutory decisions of the Registrar may be appealed to the District Court with leave; final decisions are appealable as of right.

The District Court sits as an appellate court from the Registrar; further appeal lies to the Supreme Court with leave.

Infringement and revocation actions are brought in the District Court (or the competent court) in the first instance; the Supreme Court hears appeals.

Time limits: opposition within 3 months of publication; appeal within 30 days of the Registrar's decision unless otherwise provided.

Interim injunctions require a prima facie case, balance of convenience, and an undertaking in damages; the test follows the general civil procedure rules.

Costs follow the event; the court may order security for costs in appropriate cases.

The Registrar of Patents is appointed under Section 1 and exercises quasi-judicial functions; the Registrar's decisions are subject to judicial review.

The Patents Journal publishes accepted applications, grants, extensions, and other official notices; publication triggers the opposition period.

Maintenance fees are payable annually from the filing date; failure to pay can lead to lapse, with a restoration procedure available.

Restoration of a lapsed patent is possible under Section 58 within 12 months of the lapse, on showing unintentional failure to pay.

The Register of Patents is open to public inspection; assignments and licenses should be recorded to be effective against third parties.

The Registrar may correct clerical errors and amend entries in the Register under Section 34.

The Israel Patent Office is a receiving office under the PCT and an ISA/IPEA; applicants can file international applications through ILPO.

Administrative appeals from the Registrar go to the District Court; the court may remit the matter to the Registrar with directions.

Claim construction: the claims are read in light of the description and drawings; the Protocol on the Interpretation of Article 69 EPC is not binding in Israel but its principles are persuasive.

The specification must describe at least one embodiment enabling the invention; prophetic examples are permitted but must be clearly identified.

Means-plus-function claims are construed to cover the corresponding structure disclosed and equivalents; they are scrutinized for clarity.

The doctrine of file wrapper estoppel applies: statements made during prosecution may limit the scope of the claims.

Dependent claims must further limit the independent claim; multiple dependency is permitted but must be clear.

The abstract should not exceed 150 words and should be drafted for search purposes, not for scope.

Drawings must be in black and white line art, numbered, and referenced in the description; photographs are generally not accepted.

The specification must include a title, technical field, background, summary, detailed description, and examples where appropriate.

Paris Convention Article 4: priority period is 12 months for patents and utility models, 6 months for designs and trademarks; the priority claim must be made in the first application or within the period.

PCT Article 3: international application must contain a request, description, claims, drawings (where necessary), and abstract; the request is filed on the prescribed form.

PCT Article 15: international search is carried out by the ISA; the ISR and written opinion are issued within 3 months of receipt of the search copy.

PCT Article 33: preliminary examination under Chapter II is optional and provides a non-binding opinion on novelty, inventive step, and industrial applicability.

TRIPS Article 28: patentees have the right to prevent third parties from making, using, offering for sale, selling, or importing the patented product without consent.

TRIPS Article 31: compulsory licensing conditions include case-by-case consideration, prior negotiation, limited scope, and adequate remuneration.

Israel's national phase entry deadline is 30 months from the priority date; the applicant must pay the national fee and file a translation if the application is not in Hebrew.

The PCT does not create a world patent; it only harmonizes the filing and search procedure, leaving grant to national offices.

Contributory infringement: supplying means for carrying out a patented process or product, knowing it is suitable for that use, can constitute infringement under Section 49.

The 'experimental use' defense is narrow; it covers experiments directed at the subject matter of the patent, not commercial development.

The 'Bolar' exemption (Section 54A) permits use of a patented invention for regulatory approval of a generic pharmaceutical before patent expiry.

The doctrine of equivalents in Israel is applied restrictively; the court considers whether the variant performs substantially the same function in substantially the same way to achieve substantially the same result.

Invalidity can be raised as a defense in infringement proceedings; the court may revoke the patent in whole or in part.

Licensing: a license may be recorded; an exclusive licensee may sue for infringement if the license so provides, subject to joining the patentee.

Assignment: the assignee must record the assignment; failure to record does not invalidate the assignment between the parties but affects third-party effect.

Damages are assessed on the basis of the loss suffered by the patentee, including lost profits and reasonable royalty; punitive damages are available in exceptional cases.

The PTE application must be accompanied by evidence of the first marketing approval, the patent number, and the claims covering the product; the Registrar examines the application.

The extension period is calculated as the period between the filing date of the patent and the date of the first marketing approval, minus 5 years, capped at 5 years.

The maximum extended term is 14 years from the first marketing approval; the extension cannot exceed 5 years.

The extension is recorded in the Register and published in the Patents Journal; third parties may oppose within the prescribed period.

A PTE does not extend the term of the patent for uses not covered by the approved product; the claims must be construed accordingly.

The PTE regime applies to patents filed after the 1998 amendment; older patents may be governed by transitional provisions.

Pediatric extensions of 6 months are available where the applicant has conducted pediatric studies in accordance with an agreed plan.

The Registrar may revoke an extension if the conditions are not met; the decision is appealable to the District Court.

Trademark infringement: use of a confusingly similar mark for the same or similar goods; the test is likelihood of confusion of the relevant public.

Design infringement: the design must be new and have individual character; the scope is defined by the representation in the registration.

Copyright: the idea/expression dichotomy applies; facts and ideas are not protected, only the expression.

Trade secret misappropriation requires proof of a secret, commercial value, reasonable steps to maintain secrecy, and unauthorized use or disclosure.

The Designs Law 5777-2017 introduced a 12-month grace period for disclosure by the designer or with their consent.

Trademark revocation for non-use: a mark may be revoked if not used in Israel for 3 consecutive years without a valid reason.

Copyright fair use in Israel is governed by Section 19 of the Copyright Law, which lists factors similar to the US fair use doctrine.

The Madrid Protocol allows international trademark registration; Israel was bound by the Protocol as of 2010.

The patent attorney must maintain client confidentiality, including after the engagement ends; disclosure is permitted only with consent or as required by law.

Privilege covers communications made for the purpose of obtaining legal advice, including communications with foreign associates.

Conflict checks must be performed before accepting a new engagement; if a conflict arises, the attorney must withdraw from representing one client.

The attorney must not act where they have a personal interest adverse to the client, or where they have previously represented the opposing party in the same matter.

Fee agreements must be fair and disclosed; the attorney must not charge for services not rendered.

The attorney must keep client funds in a separate trust account and account for them promptly.

The attorney must not communicate with a represented opposing party without their attorney's consent.

Disciplinary proceedings are conducted by the Chamber of Patent Attorneys; sanctions include reprimand, suspension, and revocation.

The Registrar may hold oral hearings, examine witnesses, and order the production of documents; the procedure is governed by the Patents Regulations.

The burden of proof in opposition proceedings is on the opponent; in infringement proceedings, the patentee must prove infringement.

Interim relief: the court applies the American Cyanamid test (serious question to be tried, balance of convenience, undertaking in damages).

Appeals from the Registrar to the District Court are by way of rehearing on the record, with the possibility of additional evidence with leave.

The Supreme Court may hear further appeals with leave; it generally does not interfere with findings of fact.

Costs are in the discretion of the court; the successful party is usually awarded costs.

Time limits for appeals are strict; extensions may be granted on showing special circumstances.

Judgments of the District Court and Supreme Court are published and serve as precedents for the Registrar.

Section 183 provides for injunctions; the court may grant a permanent injunction after trial and interim injunctions before trial.

Damages are compensatory; the court may award additional damages for flagrant infringement.

An account of profits is an alternative to damages; the patentee must elect between the two remedies.

Delivery up or destruction of infringing goods may be ordered.

The court may order the publication of the judgment to deter infringement.

Criminal sanctions are available for certain acts, such as false marking and unauthorized use of the word 'patent'.

Customs authorities may seize infringing goods under the Customs Ordinance; the patentee must provide security.

The limitation period for infringement claims is 7 years from the date the cause of action arose.

The application must be filed with the Registrar in the prescribed form, together with the fee and the specification.

The filing date is the date on which the application and specification are received by the Registrar, subject to the PCT rules for international applications.

The applicant may claim priority from an earlier application within 12 months; the priority document must be filed within 3 months of the filing date.

The specification must be in Hebrew or English; if in English, a Hebrew translation must be filed within 3 months of the filing date.

The claims must be numbered consecutively and must not exceed the scope of the disclosure.

The Registrar may require the applicant to furnish a statement of the invention and to amend the claims to comply with the Law.

The applicant may request expedited examination on showing that the invention is being worked or that there is a corresponding foreign application.

The application is published in the Patents Journal after acceptance; the opposition period runs from publication.

PCT national phase entry in Israel requires the applicant to file a translation of the international application, pay the national fee, and furnish a copy of the international application.

The applicant must designate Israel in the international application; designation is automatic under the PCT unless excluded.

The 30-month time limit for national phase entry may be extended in limited circumstances; failure to enter results in loss of rights in Israel.

The PCT applicant may request an international preliminary examination under Chapter II to obtain a non-binding opinion on patentability.

The ISR and written opinion are not binding on the Israeli examiner but are persuasive.

The Paris Convention priority claim must be made in the application; the priority document must be filed with the Registrar within the prescribed period.

TRIPS dispute settlement is handled by the WTO Dispute Settlement Body; Israel has implemented TRIPS through amendments to the Patents Law.

Israel is not a member of the European Patent Convention; European patents do not automatically extend to Israel.

Infringement proceedings are brought in the District Court by the patentee or an exclusive licensee.

The statement of claim must specify the claims infringed and the acts complained of.

The defense must be filed within the prescribed period; invalidity may be raised as a counterclaim.

The court may order discovery and inspection of the defendant's premises and documents.

Expert evidence is common in patent cases; the court may appoint its own expert.

The court may grant a preliminary injunction to restrain infringement pending trial.

The parties may settle the dispute; a settlement must be approved by the court if it involves a minor or a person under disability.

The court may refer technical issues to the Registrar for an opinion.

The application for PTE must be filed with the Registrar in the prescribed form, accompanied by the fee and supporting documents.

The Registrar examines the application and may request further information or evidence.

The applicant must show that the patent covers the product and that marketing approval was obtained.

The Registrar publishes the application in the Patents Journal; third parties may oppose within 3 months.

The opposition procedure follows the general opposition rules under the Patents Law.

The Registrar's decision on the PTE application is appealable to the District Court within 30 days.

The extension is recorded in the Register and takes effect from the expiry of the patent term.

The PTE may be revoked if the conditions are not met or if the marketing approval is withdrawn.

Trademark applications are filed with the Registrar of Trademarks; examination is substantive.

Opposition to a trademark application must be filed within 3 months of publication.

Design applications are filed with the Registrar; examination is substantive under the 2017 Law.

Copyright registration is not required in Israel; protection arises automatically upon creation.

Trade secret disputes are brought in the District Court under the Commercial Torts Law.

The court may grant injunctions to restrain trademark or design infringement.

The Trademarks Ordinance provides for revocation for non-use after 3 years.

The Designs Law provides for cancellation of a registered design on grounds of lack of novelty or individual character.

The patent attorney must be admitted to the Chamber of Patent Attorneys and hold a valid license.

Continuing professional education is required to maintain the license.

The attorney must keep proper records of client matters and fees.

The attorney must not disclose client information without consent, except as required by law or to prevent a crime.

The attorney must avoid conflicts of interest and must disclose any potential conflict to the client.

The attorney must not accept an engagement if they lack the competence to handle it, unless they associate with a competent attorney.

The attorney must respond promptly to client communications and keep the client informed.

The attorney must not charge excessive fees or engage in deceptive billing practices.

The Registrar's decisions are subject to appeal to the District Court within 30 days.

The appeal is filed by way of a notice of appeal, stating the grounds of appeal.

The District Court may affirm, reverse, or remit the Registrar's decision.

The court may receive additional evidence if it is necessary for the just resolution of the appeal.

The Supreme Court may hear a further appeal with leave.

The Rules of Civil Procedure apply to proceedings before the Registrar and the courts, subject to the Patents Law and Regulations.

The Registrar may award costs in opposition proceedings.

The court may order security for costs in infringement proceedings.

'Invention' means a technical solution to a problem, whether a product, process, or use.

'Patentee' means the person registered as the proprietor of the patent in the Register.

'Priority date' means the date of the first application from which priority is claimed.

'Prior art' includes everything published or made available to the public before the priority date.

'Person skilled in the art' means a hypothetical person with the common general knowledge in the relevant field.

'Inventive step' means the invention is not obvious to a person skilled in the art.

'Industrial application' means the invention can be made or used in any kind of industry.

'Exclusive license' means a license that excludes all other persons, including the licensor, from using the invention.

The claims define the scope of protection; the description and drawings are used to interpret the claims.

The preamble of a claim may be limiting if it defines the context of the invention.

Transitional phrases: 'comprising' is open-ended; 'consisting of' is closed; 'consisting essentially of' is partially open.

Means-plus-function limitations are construed to cover the disclosed structure and equivalents.

The doctrine of equivalents applies where the variant differs insubstantially from the claimed invention.

Prosecution history estoppel may bar the patentee from asserting equivalents for subject matter surrendered during prosecution.

The specification must enable the full scope of the claims; undue experimentation is a ground for invalidity.

The best mode requirement is satisfied if the inventor discloses the preferred embodiment known at the filing date.

Paris Convention Article 2: national treatment means each member state must accord the same protection to nationals of other member states as to its own nationals.

Paris Convention Article 4bis: patents are independent; the grant or refusal of a patent in one state does not affect the grant or refusal in another.

PCT Article 27: no national application shall be required to be in a prescribed form different from the international application.

TRIPS Article 27(2): members may exclude inventions from patentability to protect public order or morality, including to protect human, animal, or plant life or health.

TRIPS Article 29: applicants must disclose the invention in a manner sufficiently clear and complete for a person skilled in the art to carry it out.

TRIPS Article 34: in process patent infringement proceedings, the burden may shift to the defendant to prove the process used was different.

The priority claim must be made within 12 months; the priority document must be filed within 16 months of the priority date under the PCT.

The PCT international application has the effect of a national application in designated states from the international filing date.

Infringement requires that the accused product or process falls within the scope of at least one claim.

The patentee bears the burden of proving infringement; the defendant bears the burden of proving invalidity.

The 'all elements' rule applies: infringement requires that every element of a claim be present in the accused product.

The doctrine of equivalents is applied narrowly; the court considers the function, way, and result of the claimed invention.

The 'reverse doctrine of equivalents' may limit infringement where the accused product is substantially different from the claimed invention.

The 'experimental use' defense is limited to experiments on the claimed invention, not experiments using it.

The 'Bolar' exemption allows generic manufacturers to use a patented invention to obtain regulatory approval.

The 'prior user' defense protects a person who used the invention before the priority date.

The PTE is intended to compensate the patentee for the time lost in obtaining regulatory approval.

The extension is calculated from the filing date to the date of the first marketing approval, minus 5 years, capped at 5 years.

The maximum extended term is 14 years from the first marketing approval.

The extension applies only to the approved product and its approved uses.

The PTE application must be filed within 90 days of the first marketing approval.

The Registrar may grant the extension subject to conditions.

The extension is recorded in the Register and published.

The PTE may be opposed by third parties within 3 months of publication.

Trademark distinctiveness: a mark must be capable of distinguishing the goods or services of one undertaking from those of others.

Descriptive marks may be registered if they have acquired distinctiveness through use.

Design novelty: a design is new if no identical design has been made available to the public before the filing date.

Individual character: the design must produce a different overall impression on the informed user.

Copyright originality: the work must be the author's own intellectual creation.

Trade secret: information that is not generally known, has commercial value, and is subject to reasonable secrecy measures.

Trademark infringement requires use in the course of trade and likelihood of confusion.

Design infringement requires that the accused design does not produce a different overall impression on the informed user.