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

A trade secret and a patent are both forms of intellectual property protection, but they differ in several ways. A trade secret is confidential information that gives a business a competitive advantage over competitors. This information is not open to the public. Examples of trade secrets include recipes, client lists, manufacturing processes, and formulas. Trade secret protection can last forever, so long as the company works to keep the information a secret. In contrast, a patent is a government grant of a limited period of exclusive rights over an invention. A patent is publicly available information, and by applying for a patent, the inventor agrees to disclose information about his or her invention. This disclosure allows others to use the invention after the patent expires. Patents are typically granted for a period of 20 years in the United States. In Washington, there are both federal and state laws that govern trade secrets. The Washington State Uniform Trade Secrets Act establishes the scope of trade secrets, remedies for misappropriation, and other related matters. Under this act, misappropriation of trade secrets is a civil wrong that can lead to award of damages, injunctions to stop further use, and other relief.

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