IP insightsSample article

Technology That Isn't Suited to Patents Can Be a Trade Secret

Formulas, process parameters and customer lists are sometimes better protected as trade secrets than as patents.

A patent requires you to disclose your technology in exchange for protection for a fixed period, while a trade secret can be protected indefinitely as long as it stays confidential.

To qualify as a trade secret, information must

  • Be secret and not generally known
  • Have actual or potential economic value
  • Be subject to reasonable confidentiality measures

Confidentiality measures include NDAs, document classification and access control. Keep records of them as part of daily operations.

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