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

Trade secret protection and patent protection are two different forms of legal protection. Generally, trade secret protection is used to protect confidential information, such as recipes, formulas, plans, designs, processes, techniques, or customer lists, while patent protection is used to protect inventions or ideas. Trade secret protection is generally easier to obtain than patent protection. For example, trade secret protection is automatic once the information is kept confidential. On the other hand, obtaining patent protection requires an application process. In Washington, trade secret protection is automatic, whereas patent protection must be obtained from the U.S. Patent and Trademark Office. In addition, trade secret protection can last as long as the information remains confidential. Therefore, trade secret protection can outlast patent protection since patents only last 20 years. Also, trade secrets can be enforced by all 50 states, including Washington, whereas patent protection is only granted by the federal government. This means that trade secrets may be easier to enforce in Washington than patents. Finally, trade secret protection is less expensive to obtain than patent protection. Patent protection requires legal fees, applications, and ongoing maintenance fees, while trade secret protection incurs only the legal fees associated with a nondisclosure agreement.

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