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ARTICLE · 25 FEBRUARY 2016

Τrade Secrets vs Patents

AGPLAW | A.G. Paphitis & Co. LLC
AGPLAW | A.G. Paphitis & Co. LLC
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AGPLAW | A.G. Paphitis & Co. LLC

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You have conceived and developed an invention. You intend to build your business around it and want to ensure the protection of your intellectual assets. What means of protection should you choose?

CyprusIntellectual Property
AGP Law/ A.G. Paphitis & Co. LLC
AGP Law/ A.G. Paphitis & Co. LLC
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A possible scenario you might encounter:

You have conceived and developed an invention. You intend to build your business around it and want to ensure the protection of your intellectual assets. What means of protection should you choose? You understand that this decision is crucial. After all, the viability and the success of your business depends on it.

Should you opt to protect your invention as a trade secret or as a patent?

There are two kinds of Trade Secrets:

  1. Trade Secrets regarding inventions that do not fulfill the patentability criteria, and as a result, they cannot be protected as patents, but only as trade secrets.
  2. Trade Secrets regarding inventions that fulfill the patentability criteria and can be protected as patents. In this case, a decision must be made, as these means of protection are incompatible.

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