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Patent or Trade Secret It?
Patent it or keep it as a trade secret - overview:
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U.S. patent protection
provides a right to exclude others from making, using and selling the patented
subject in the U.S. for a limited time period.
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Patent protection obliges
the public dissemination of information embodied in the application, which must
enable others to practice the invention and must disclose the best mode of
practicing the invention.
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The public is free to practice the invention when a patent
expires. It has a set maximum longevity.
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Trade secret protection has
no set time limit. Its longevity is potentially unlimited.
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Trade secret protection is
lost if safeguards to maintain the secrecy are not sufficient.
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Trademark secret protection is worthless against another's independent
development.
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Patent protection is enforceable against later independent
development.
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An election of trade secret protection, rather than patent
protection, is usually irreversible, precluding the later filing of a patent
application.
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A patent application can be filed while maintaining trade secret
protection if non-publication is requested at the time of filing, preserving the
trade secret option and deferring the election until the time, if ever, a patent
could issue.
more
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Is a 'patent or trade secret it' consultation worth the cost? That is
always a business decision.
Patent or trade secret election consultations --
sometimes necessary.
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419-8055
more topics –
about
patents, patent
term,
patent
searches,
corporate patent applications,
entry-level
patent applications
The
firm’s charges for patent versus trade secret consultations start at $240.
Further cost estimates available after initial evaluation.
Retainer
required.
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