Attorney In Colorado Discusses Patents vs Trade Secrets – Part 2 of 3
Interviewer: And what about patents?
Patent Attorney: Well patent protection is afforded by the government for inventions for a given time period – typically 14 years for design patents and 20 years from the filing date for utility patents. But this protection is granted in exchange for what is sometimes called a “limited monopoly.” That is, the patent owner has the exclusive right to make, use and sell the invention in the United States during the term of the patent. And in exchange, the government requires that the patentee disclose every aspect of the invention.
Interviewer: I see, so a patent is really the opposite of a trade secret.
Patent Attorney: In a way, because the inventor is required to disclose the invention in sufficient detail that someone having ordinary skill in the art can practice the invention.
Interviewer: Based on the difference between patents and trade secrets, the choice seems self-evident.
Patent Attorney: You mean that you can only apply for a patent for something you can’t trade secret – and you can only trade secret something that you can’t patent. Not necessarily.
Interviewer: I guess that’s why the article says “The Choice is not Always Simple” right?
Patent Attorney: The article supports what you just said – that in some cases that not every type of information can be protected by patent, or trade secret, or both. But as the article correctly explains, sometimes the information may be capable of being protected both by trade secret and patent, but not both at the same time.
Interviewer: How so?
Patent Attorney: The article explains that it may be wise to publish the relevant information. Publication should prevent others from applying for patent protection for the same invention.
For Part 3 of 3, Follow This Link: Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3
