A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

WilmerHale
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You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely guarded secret—benefiting from trade secret protection potentially forever—at the constant risk that a competitor may legally reverse engineer or independently discover your invention. Alternatively, you could apply for a patent and, if it is granted, enjoy a term-limited exclusive right to your invention at the significant trade-off of disclosing your invention to the public. Could you benefit from both trade secret and patent protection?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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