Question

Compare and contrast the protection to intellectual property provided by trade secrets relative to that provided by patents. What important defense is available to defendants in trade secret cases that is not available to patent infringement defendants?

Answer 1

Answer:

1. Protection to trade secrets and patents:

a. Trade secrets are protected indefinitely.  Generally, patents are granted for a maximum of 20 years.

b. The owner of a trade secret does not need to pay annual fee to defend the secret.  A patent holder is required to pay an annual fee, in order to make the patent enforceable.

2. Important defense for defendants in trade secret cases that is not available to patent infringement defendants:

The defendant in a trade secret case will cite that the secret is still commercially valuable.  But a patent holder cannot cite this because the patent is granted for a maximum of 20 years to stop stifling innovation.

Explanation:

Both trade secrets and patents are intellectual property rights which confer on their owners the exclusive use of their intellectual property.  The major differences are in the duration and the defense of the rights.  Patents, unlike trade secrets, do not last forever.  Patents, again unlike trade secrets, must be defended periodically through the payment of fees.