Key Takeaways Patent and trade secret protection solve different IP strategy problems, with patents generally fitting inventions likely to be disclosed and trade secrets generally fitting information that can remain confidential. Choosing trade secret protection mainly to avoid patent costs can create risk if the information is later revealed, shared too broadly or difficult to prove as protected in litigation.
Key Takeaways Patent and trade secret protection solve different IP strategy problems, with patents generally fitting inventions likely to be disclosed and trade secrets generally fitting information that...
Choosing trade secret protection mainly to avoid patent costs can create risk if the information is later revealed, shared too broadly or difficult to prove as protected in litigation.
In recent years, that question seems to arise more often — and in a broader range of industries.
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Key Takeaways Patent and trade secret protection solve different IP strategy problems, with patents generally fitting inventions likely to be disclosed and trade secrets generally fitting information that can remain confidential. Choosing trade secret protection mainly to avoid patent costs can create risk if the information is later revealed, shared too broadly or difficult to prove as protected in litigation. In recent years, that question seems to arise more often — and in a broader range of industries.
Patent and trade secret protection solve different business problems.
Companies should assess each asset's commercial use, disclosure path, access controls, enforcement posture and patentability before deciding whether to patent, maintain secrecy or use a patent-first strategy with a non-publication request to maintain optionality. At the same time, patent litigation has rebounded, trade secret litigation continues to rise as the Defend Trade Secrets Act (DTSA) enters its second decade, and businesses are under increasing pressure to spend IP budgets strategically rather than simply patent everything.
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