質問
Hi everyone and thanks for your answers! I am considering protecting an invention exclusively as a trade secret instead of going through a patent application process, which appears to be rather costly and of unpredictable outcome. What are good ways to protect technology as a trade secret and what exact protection do I have? What do I do if I think someone else is using my invention without permission?
Regards,
John
回答: 1 公開 & 2 非公開
Trade secret protection is, arguably, the opposite of patent protection. Trade secrets are protectable under state law and to be protectable, the matter generally needs to be valuable as a result of it being kept secret and its owner needs to take steps to keep the matter secret. Patent rights are allowed under federal law and in exchange for them, the U.S. government requires that you thoroughly disclose the matter to the public.
Is your technology the type which could actually be kept sufficiently secret? "Inventions" which are protected as trade secrets are typically recipes, formulations, proprietary business data / methods, and specialized manufacturing implements; i.e., things which are not sold or provided to the public, at least in identifiable form. You will not be able to prevent someone from using "your" invention in the absence of you obtaining a patent for it, or unless your invention does qualify as a trade secret and the person has misappropriated it.
You should consult an IP attorney to evaluate your larger business goals and recommend a proper path forward to protect any IP assets.
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