Are trade secrets eligible for patent protection?

No, trade secrets are not eligible for patent protection in Texas. A trade secret is any type of confidential information that provides a company with economic value from not being publicly known. Trade secrets can include formulas, codes, or processes that a company does not want its competitors to know. It is a right that is protected under state and federal law. The main difference between trade secrets and patents is that a patent gives the patent holder exclusive rights to the patent, while trade secrets remain confidential. Patents also must meet certain criteria in order to be eligible for protection. According to the United States Patent and Trademark Office, in order to be patentable, an invention must be: (1) novel, (2) have non-obviousness, (3) be useful, and (4) be adequately described. Because trade secrets do not meet the criteria for a patent, they are not eligible for patent protection in Texas. Therefore, it is important for companies wanting to protect their trade secrets to think of other ways to do so, such as having strong non-disclosure agreements in place, limiting access to confidential information, and storing any confidential information securely.

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