Insights
/
Litigation & Arbitration
Trade secrets or patents: choosing the right protection
Disclosure, duration and enforcement costs compared, with a framework for deciding which route fits your innovation.
Daniel Mercer
Senior Partner · Litigation & Arbitration
Published
Reading time
7 min read
The right protection depends on how long the advantage needs to last.
Patents and trade secrets protect innovation in opposite ways. One requires you to publish; the other depends on keeping quiet.
Disclosure
A patent is public in exchange for twenty years of exclusivity. A trade secret lasts as long as it stays secret.
Enforcement
Patent litigation is expensive but predictable. Trade secret cases turn on how well you guarded the information.
A simple framework
If competitors could reverse-engineer it, patent it. If they could not, keep it secret and document how.
Commercial leases
Real Estate
New York
Share
X
Copy link
Written by
Daniel Mercer
Every client deserves a lawyer who knows their file as well as they do. That is how we have run this firm for twenty years.
View profile
View profile
daniel.mercer@gravislaw.com
Legal disclaimer
This article is for general information and is not legal advice. Reading it does not create an attorney–client relationship. Lease terms and market practice change, so speak with a lawyer about your own circumstances before you sign. Prior results do not guarantee a similar outcome.
Daniel Mercer
Senior Partner · Litigation & Arbitration
Taking new matters this week
Speak directly with Daniel Mercer.
Every consultation is led by a partner, not an intake script. Bring your documents and questions. You’ll leave with a clear view of your position and what it will cost.
Consultation
Free · 30 minutes
Where
New York or video call
Reply
Within one business day
Book a consultation
Book a consultation
or call +1 (212) 555 0148
Keep reading
Related insights
More from our attorneys on the questions clients ask most.
View all insights
View all insights
