Patent or Trade Secret It?
Patent it or keep it as a trade secret - overview:
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.
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.
The public is free to practice the invention when a patent
expires. It has a set maximum longevity.
Trade secret protection has
no set time limit. Its longevity is potentially unlimited.
Trade secret protection is
lost if safeguards to maintain the secrecy are not sufficient.
Trademark secret protection is worthless against another's independent
Patent protection is enforceable against later independent
An election of trade secret protection, rather than patent
protection, is usually irreversible, precluding the later filing of a patent
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
Is a 'patent or trade secret it' consultation worth the cost? That is
always a business decision.
Patent or trade secret election consultations --
contact the firm
(all contact modes)
or call 312.419-8055
more topics Ė
corporate patent applications,
firmís charges for patent versus trade secret consultations start at $240.
Further cost estimates available after initial evaluation.