Patent vs. Trade Secret: What’s Best for Your Invention?

Written By Eager-Beaver IP

When protecting an invention or innovation, you generally have two main options: patenting it or keeping it as a trade secret. Each offers different benefits—and risks.

What’s the Difference?

  • Patent: A legal right granted for a new invention that is publicly disclosed.

  • Trade Secret: Confidential business information (like formulas or algorithms) that gives a competitive edge.

Pros and Cons

AspectPatentTrade SecretDisclosurePublicConfidentialDuration20 years (utility)Indefinite (as long as it's secret)ProtectionLegal monopolyLegal only against misappropriationCostHighLow to moderate

Which One Should You Choose?

  • Choose a patent if your invention is easy to reverse engineer.

  • Opt for a trade secret if it's something like a formula, algorithm, or internal process that can remain hidden.

Final Thought

Your IP strategy should align with your business goals. Speak with an IP attorney to determine the best path for your invention.

Eager-Beaver IP
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