Patent or trade secret: a first-pass helper
Answer seven questions about an invention or know-how. The tool shows which route the answers point toward and why. It is an orientation aid built on United States federal law, not legal advice, and many inventions use both routes for different parts.
Answer at least one question to see a result.
What the rules say
- A US patent runs 20 years from the filing date of the application, subject to fees (35 U.S.C. § 154(a)(2)).
- Public use, sale or publication before filing counts against the invention, except for the inventor’s own disclosures made one year or less before the effective filing date (35 U.S.C. § 102). Many other countries have no comparable grace period.
- Information qualifies as a federal trade secret only if its owner has taken reasonable measures to keep it secret and it gains independent economic value from not being generally known or readily ascertainable (18 U.S.C. § 1839(3)). Reverse engineering and independent derivation are not “improper means” under § 1839(6)(B), so a trade secret gives no protection against a competitor who works it out lawfully.
Further reading: Trade secrets vs patents in biotech. For informational purposes only; consult a licensed patent attorney before deciding.