Guarding an Invention Secret or Seeking Patent Protection -
How Are European SMEs Better Off?

The often-high costs for filing and renewing a patent force business to opt for a smart evaluation when facing the choice of patenting or hiding a valuable innovation. Eventually, after the 20 years term of patent protection, formerly secret information becomes part of the public domain and can be used freely. Within the 20 years where patent protection is granted, the original inventor (often SMEs) has, through the monopoly rights provided, a means to recuperate its investment made into R&D. But companies are not obliged to register their invention as a patent – SMEs might be even better off avoiding it. Patents and trade secrets might present opposing choices. Trade secrets derive their legal protection from their inherently secret nature. Patents, by contrast, can only be protected through public disclosure.
Companies might choose Trade secret because

– Protection by a Trade secrets might be cheaper, as protected without registration
– A well-kept trade secret could theoretically last forever, a patent lasts only 20 years – A patent will be invalidated if the inventor refrains from describing important details

During the webinar, European IP experts will present the smartest choices for SMEs and discuss with MEPs the pros and cons of both of those categories of modern IP rights.