Is there a difference between a trade secret and a patent?

Yes, there is a difference between a trade secret and a patent. A trade secret is confidential information, such as a formula, pattern, process, program, device, method, technique, or compilation of information that is not generally known to the public, and which a business uses in its operations to gain and maintain a competitive advantage. Trade secret protection is provided by state law. In California, the Uniform Trade Secrets Act (UTSA) was adopted in 1984 and is enforced through California Civil Code 3426, et seq., which provides for civil liability for misappropriation of trade secrets. A patent, on the other hand, is a grant from the government to an inventor to exclude others from making, using or selling the invention for a period of up to 20 years. It is a form of intellectual property protection available to inventors of novel, non-obvious, and useful products or processes. Patent protection is provided by federal law, the U.S. Patent and Trademark Office, and is enforced through the Patent Act, Title 35 of the United States Code. In summary, the key difference between a trade secret and a patent is that trade secrets are not registered and can be kept confidential for an indefinite period of time, while patents are registered and only provide protection for a limited period of time.

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