Patent and trade secrets law offer two legally distinct methods for protection of intellectual property. Patents provide, for a limited term, the right to exclude others from practicing the patented invention in return for the dedication of information describing and enabling the practicing of the invention to the public. Trade secrets protection affords protection against the misuse of information having independent economic value maintained in secrecy by prohibiting the use and disclosure of that information by others.
Traditionally, inventors and their employers have been faced with a decision as to whether an idea or information should be protected by means of obtaining a patent or by trade secrets law. Patents and trade secrets can coexist, but their relationship requires a delicate balance for both to survive. A legal misstep may leave only one, with the other extinguished by invalidity or disclosure.
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