Why shouldn't we simply keep our technology secret?

質問

It seems like obtaining, maintaining and defending a patent for our technology would be costly and time consuming. Yet we are told that early application for a patent is crucial. For us as a startup both time and money are in short supply, so why wouldn't it be the best option to simply keep the designs and code secret?

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回答: 3 public & 1 非公開

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弁護士

Sometimes that is the best option. Determining whether to go after a patent or to rely on trade secret protection is a very fact specific evaluation, but it can be the better way to go in some circumstances. One thing to be aware of is that if you do decide to keep the designs & code secret then you need to be prepared to really keep them secret. In order to maintain legal protection you need to make sure that you take reasonable steps to ensure the secrecy of the information. This can often be at odds with the need to advertise, get some publicity, and attract investors. Balancing the need to disclose with the need to keep things sufficiently secret can be tricky, but it can be a good option.

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