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Q.What is the difference between trade secret protection and patent protection?

A.Patent protection is available only for new, useful and non-obvious inventions, while trade secret protection is available for all types of information, so long as the information is secret and provides a competitive advantage. In addition patent protection is only available for a defined period of time, and trade secret protection can last forever. On the other hand, patent holders may exclude anyone from copying the patented invention, even those who independently and unknowingly developed the same invention. A trade secret owner, on the other hand, cannot prevent others from independently developing the same idea or invention.

Copyright 1999-2019 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.