What are some of the disadvantages with the trade secrecy route compared to the patent route?
While a patentee
has a monopoly by which he can stop people from making, using or
selling his invention, the owner of a trade secret has no rights,
except against those who have contracted, expressly or by
implication, not to disclose the secret, or who have obtained it by
unfair means. Further, if a trade secret is disclosed to the public
by a breach of confidence, the trade secret dissolves and the former
trade secret holder generally has no recourse against new people who
Last update on September 28, 2009 by Administrator.