What is the difference between trade secret protection and patent protection?
Trade secret protection and patent protection are two different ways to protect intellectual property. Trade secret protection applies to information that is not already publicly known, and can include formulas, recipes, methods, processes, or other confidential business information. The owner of a trade secret must take reasonable steps to keep it secret in order for it to be protected. Patent protection applies to inventions, and is granted by the government for a limited period of time. To qualify for a patent, the invention must be novel, useful, and non-obvious. Patents provide exclusive rights to an inventor and allow them to exclude others from making, using, or selling the invention. In California, trade secret protection is governed by the Uniform Trade Secrets Act, which provides for civil damages if a trade secret is wrongfully acquired, disclosed, or misappropriated. Patents in California are granted by the United States Patent and Trademark Office and are subject to federal laws. The two types of protection differ in terms of the scope of protection they provide. Trade secret protection applies to information that is not already known to the public, while patent protection applies to inventions. Trade secret protection is governed by state law, while patent protection is governed by federal law. Additionally, trade secrets are protected indefinitely until they are released, while patents are granted for a limited period of time.
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