What is the difference between a patent and a trade secret?

Patents and trade secrets are two important elements of a company’s intellectual property law in Texas. A patent is a grant of property rights issued by the government to an inventor for a specific invention. It serves to protect the inventor’s rights to their invention and to encourage innovation in the marketplace. A patent gives the inventor exclusive rights to use, manufacture and sell their invention, and it typically lasts for 20 years. By contrast, a trade secret is a type of intellectual property that is secret and known only to the company or individual who owns it. Trade secrets can be formulas, processes, patterns or other confidential information that give the company or individual a competitive advantage. Trade secrets can be protected indefinitely, so long as the owner of the information takes reasonable steps to keep it secret. The key difference between a patent and a trade secret is that a patent protects an invention, while a trade secret protects confidential information. Patents require an application process and must be approved by the government, while trade secrets don’t require any formal application process. Patents are public documents, meaning that if granted, anyone can access the information in them. On the other hand, trade secrets must be kept confidential and can last indefinitely.

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