When should we rely on trade secrecy alone rather than the patent system for protecting an invention?

Trade secrecy should be relied on if the invention is not patentable. Further, trade secrecy might be relied on when the process or product is one which can be readily kept and defies reverse engineering, such as the COCA COLA® recipes, so that the period for which its exclusivity may be preserved is potentially longer than the term of a patent.

Last update on September 28, 2009 by Administrator.

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