patent/trade secret contradiction

patent/trade secret contradiction

Posted Feb 21, 2004 22:56 UTC (Sat) by giraffedata (subscriber, #1954)
In reply to: 321 Studios and the free software community by pkturner
Parent article: 321 Studios and the free software community

It's even simpler than that.

Applying for a patent does not require disclosing anything. Patent applications are quite secret. It's getting a patent that requires the disclosure to the public. (The disclosure isn't just a prerequisite, it's the whole purpose of the patent).

As long as the patent is pending, the invention is a trade secret. If the patent never issues, it is a trade secret forever.

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