If you think about it, everything starts out as a trade secret, even patents. It is more important to first consider your trade secret strategy before deploying your patent attorney.
Patents start out initially as an idea or a set of experiments or designs. If successful, they typically are written up in an invention disclosure. So far, all of this is confidential.
If an invention disclosure is selected for patenting, a patent application is prepared and filed with the government. It is not published until 18 months later. For all this time, it is still confidential.
For all this time, the idea remains confidential and can be protected as a trade secret. Even after publication at 18 months, any subsequent additional development, optimization, and scale up are all confidential because they were not in the patent application.
Additionally, there are many types of confidential information that are completely unpatentable, so trade secrets are the best form of protection. Business trade secrets such as customer lists, pricing models, vendor and supplier relationships, and COGs data cannot be protected by patents, period.
The smartest move is to use both a trade secret strategist and a patent attorney in harmony. Tangibly helps define a trade secret protection strategy that complements patents and trademarks, aligning IP law with practical trade secret management.
Should I hire a patent attorney or a trade secret strategist first?
In most cases, a trade secret strategist should come first. Every patent begins life as a trade secret, and strategic handling early on protects value before filing.
Why do patents start out as trade secrets?
Before filing, ideas, experiments, and invention disclosures are entirely confidential. Even after filing, the application remains secret for 18 months.
Can trade secrets and patents work together?
Yes. Businesses with strong IP portfolios often use both: patents for publishable innovations and trade secrets for confidential improvements and business information.
What information cannot be patented?
Business information like pricing models, customer lists, vendor relationships, and COGS data cannot be patented — trade secrets are the only protection available.
Why is a trade secret strategy important before patenting?
A strategic approach ensures confidential information is handled correctly, protected internally, and not accidentally lost before filing.
What does a trade secret strategist do?
They help you identify confidential assets, create a protection plan, maintain registers, and ensure you meet “reasonable measures” required under trade secret law.
How does Tangibly support both trade secret and patent strategies?
Tangibly provides the systems and documentation that complement patent work, ensuring confidential information is protected before and after patent filings.
