What is the difference between a patent and a trade secret?
A patent and a trade secret are two different forms of intellectual property protection in Pennsylvania. A patent is an exclusive right granted to an inventor that allows them to stop others from making, using, or selling their invention. Patents are public knowledge and are filed with the U.S. Patent Office. In Pennsylvania, an inventor must prove that their invention is novel and useful in order to qualify for a patent. A trade secret is a form of intellectual property protection that allows an owner to keep information confidential. This information can include formulas, patterns, methods, recipes, or processes that have economic value and are not public knowledge. Trade secrets are protected under state laws and are kept confidential by the owner. Unlike patent protection, there is no registration process. The owner of a trade secret simply has to take reasonable measures to keep the information secret. In summary, a patent gives an inventor exclusive rights to an invention or product while a trade secret gives an owner the right to keep confidential information from becoming public. Both types of intellectual property protection are recognized in Pennsylvania.
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