What is the difference between a trade secret and a patent?
A trade secret and a patent are two different types of legal protection for intellectual property. A trade secret is information that is kept secret in order to give the owner a competitive advantage. A trade secret is considered to be confidential and not generally known or easily accessible to the public. It is not registered with any government office or agency, but a document must exist that outlines the specific information that the company considers to be a trade secret. The laws that protect trade secrets in Georgia are found in the Georgia Trade Secrets Act. A patent, on the other hand, is a form of intellectual property that is registered with the U.S. Patent and Trademark Office. It gives its owner exclusive rights to sell, manufacture, or use an invention for a specified period of time. Patents can be issued for a variety of inventions, such as machines, products, processes, or compositions of matter. In order for an invention to be patented, it must be novel, useful, and non-obvious. The laws that protect patents in Georgia can be found in the Georgia Intellectual Property Act. The main difference between a trade secret and a patent is that a trade secret is confidential and unregistered while a patent is registered with the U.S. Patent and Trademark Office and is public information. The other difference is that patents allow the owner to prevent others from making, selling, or using the invention, while trade secrets only allow the secret to remain secret. Both forms of intellectual property provide legal protection, but the type of protection and the method of protection is different.
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