Patents vs Trade Secrets In Canada – No, They're Not Just Alternatives

As an intellectual property lawyer and patent agent, I am regularly approached by clients or prospective clients who want to know if they should protect their new widget with either (a) a patent or (b) a trade secret. The driver behind the question (supported in many cases by vague online information that may or may not be relevant to Canadian law) is the notion that patents and trade secrets are roughly equivalent in terms of protecting your widget, and you just need to choose between them in a way most advantageous to your business goals. Nothing could be further from the truth – patents and trade secrets are very different things, definitely not alternatives – but itcanbe instructive, useful, and sometimes extremely important to at least consider both options as you determine how best to protect the new widget.