--- title: Patent vs. Trade Secret — STADLER IP LAW description: A patent is a type of intellectual property that protects inventions. A trade secret is essentially any information that gives a business a competitive advantage and is kept as a secret. --- [Skip to content](https://www.stadleriplaw.com/blog/should-i-patent-my-creation-or-keep-it-as-a-trade-secret-1#main-content) [![stadler-logo-bright-purple-and-white](https://www.stadleriplaw.com/hubfs/BRANDING/New%20Branding/stadler-logo-bright-purple-and-white.svg "stadler-logo-bright-purple-and-white")](https://stadleriplaw.com) - [About](https://www.stadleriplaw.com/about) - [Patent Conversion](https://www.stadleriplaw.com/non-provisional-conversion) - [Contact](https://www.stadleriplaw.com/contact) - [Blog](https://www.stadleriplaw.com/blog) - [Pirate Fight Club](https://www.stadleriplaw.com/pirate-fight-club) - [Remote in Romania](https://www.stadleriplaw.com/remote-in-romania-blog) - [About](https://www.stadleriplaw.com/about) - [Patent Conversion](https://www.stadleriplaw.com/non-provisional-conversion) - [Contact](https://www.stadleriplaw.com/contact) - [Blog](https://www.stadleriplaw.com/blog) - [Pirate Fight Club](https://www.stadleriplaw.com/pirate-fight-club) - [Remote in Romania](https://www.stadleriplaw.com/remote-in-romania-blog) # Should I Patent My Creation or Keep it as a Trade Secret? Aug 10, 2021, 12:00:00 AM In the case of patent vs. trade secret, there is no one right answer. For some inventions, patent protection makes the most sense because a trade secret isn’t possible. In other cases, a trade secret is the best bet. First, let’s understand the difference between the two. ## What is a patent? A [patent](https://www.stadleriplaw.com/patents) is a type of intellectual property that protects inventions. The patent is granted by the [United States Patent and Trademark Office](https://www.uspto.gov) (USPTO). It allows the owner of the patent to exclude others from making, using, selling, or importing the invention. In order to obtain a patent, the invention must be useful, novel, and non-obvious. It also needs to be a patentable invention. According to the patent laws, the invention must be a process, a machine, an article of manufacture, or a composition of matter. The patent can provide protection for 20 years from the date of filing. While a patent is very strong intellectual property, there are some downsides. For example, the patent application must go through a thorough and lengthy examination. The patent is also open to the public to inspect. ## What is a trade secret? A trade secret is essentially any information that gives a business a competitive advantage and is kept as a secret. One upside to the trade secret is that it can be held as a secret for ever as long as it remains a secret. Some great examples of trade secrets are the formula for Coca Cola®, the chicken seasoning recipe for KFC®, and the formula for WD-40®. Other things that may be kept as trade secret include client lists, general know-how, and other processes. As can be understood, things that may be protected by trade secret might not be eligible for patent protection. Of note, a downside to trade secret protection is that if the information does not remain as a secret, then the protection is gone. ## Which is better? Patents and trade secrets both offer slightly different protection. In some cases, an idea or recipe is not eligible for patent protection. In other cases, an article of manufacture may be reverse-engineered and for that reason it is not eligible for trade secret protection. Interestingly, if one keeps something as a trade secret and someone else independently invents something covered by the trade secret and then patents it, the original creator is then not able to make, use, sell, or import the invention. This is something to think about if the invention is suitable for patent protection. ### Pirate Fight Club® If you would like more information about patents or trade secrets or intellectual property in general, i welcome you to [join the Pirate Fight Club Facebook group](https://www.facebook.com/groups/piratefightclub). ## Read On ### [Milton Bradley's Toughest Board Game Opponents](https://www.stadleriplaw.com/blog/dark-tower) In 1982, Milton Bradley launched an aggressive campaign for their new board game called Dark Tower.... ### [Protecting Your Coaching Technique: IP Strategies and Limitations](https://www.stadleriplaw.com/blog/protecting-your-coaching-technique-ip-strategies-and-limitations) IP and Coaching Techniques So, you have a business or life coaching technique or something similar.... ### [How to Start Your Own Business](https://www.stadleriplaw.com/blog/7-steps-for-starting-your-own-business) 7 Steps for Starting Your Own Business Often at the beginning of the year, many people start... ✕ ## Book a 30-min appointment **30-Minutes –  Focused IP Guidance** Ideal for those with **a specific trademark, copyright, or patent question** who need direct legal guidance. 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