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Trade secret strategyQuestion Why would a business choose to maintain a trade secret instead of seeking a patent?
Answer A trade secret is any information or device that produces a competitive advantage for its owner since it is generally unknown to competitors. An owner may decide not to seek a patent because:
- the trade secret may not patentable - the owner deems the expense of patenting is too great - the act of patenting might expose the secret and make it easier for a competitor to compete around the previous secret advantage. The only protection a trade secret enjoys is secrecy itself, so businesses use binding legal contracts, such as non-disclosure agreements, non-compete agreements and other legal strategies, to protect them. Remember, the moment any inventor is awarded a patent by the government, how that invention works becomes available to the public immediately.
Brain Trust contributor:
Author of Instant Profits: Making Your Business Pay
Related Categories: Creativity, Ethics, Management, Marketing, Branding, Advertising, Patents, Trademarks, Copyrights
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