Trade secrets or patents

Here is an little item from BVR’s IP Management & Valuation Wire — “Trade secrets protections continue to flourish”. Bottom line, they wonder if under the new patent system, trade secrets might become more important in protecting intellectual property. I think that is unclear. Trade secrets require a high level of vigilance, and once opened up are hard to put back in the bottle. Nor can they be stockpiled as easily as patents.
The ultimate test of the two might be if someone used a trade secret defense against a patent infringement. “You violated my patent. No your patent steals my trade secret.” Could be an interesting fight.

One thought on “Trade secrets or patents”

  1. There’s been increased discussion of the patent-vs-trade-secret issue lately. But one of the most interesting recent arguments that I read was a suggestion to combine the two … I think the idea was: start with trade secret protection, then obtain a patent. Could be worth further discussion.


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