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ARTICLE · 21 MARCH 2022

A brief guide to navigating the complexities of trade secrets vs patent protection

IP protection can be achieved through the grant of a patent, or by keeping the invention a "trade secret".

AustraliaIntellectual Property

In the course of developing new products and services, innovative businesses often develop commercially significant inventions. The natural question is then how to protect those inventions for their own use. This can be achieved through the grant of a patent, or by keeping the invention a "trade secret", with each option having its own specific requirements and advantages.

Keeping the invention as a trade secret requires that the details of the invention are maintained as confidential, and in some circumstances keeping a trade secret may be an appropriate decision for the business. For example, it has been a strategically sound decision for Coca-Cola to keep its secret formula as a trade secret, which is locked away in a special vault in its headquarters. Other well-known trade secrets include Google's search algorithms, and KFC's recipe. Interestingly, Coca-Cola and KFC's decision to protect their secret formula as a trade secret has also strengthened their

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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