To patent or not to patent?

Every inventor is faced with the question – should he patent his development? Is it better to keep it secret as know-how?

For example, you have developed a new type of weapon or a new pharmaceutical composition. Investors are usually involved to start production. And at preliminary meetings with investors, you will have to disclose information about the development. And this is where problems can begin, because if you reveal the details too widely, and the investor turns out to be unscrupulous, they can later adjust the production without your participation.

The disadvantages of protecting inventions as a trade secret is that if the secret is embodied in an innovative product, others can “exploit” it, that is, discover the secret and then have the right to use it. Trade secret protection is effective only against: unlawful acquisition, use or disclosure of confidential information.

If the secret is made public, anyone who gets access can use it freely.

Trade secrets are difficult to secure, and their level of protection is much weaker than for patents.

Or another example. You have found an investor, are setting up a product release, and unexpectedly receive a claim for infringement of someone’s patent rights.

For investors, it is always a high investment risk if the inventor does not have a patent. At any moment, it may turn out that the development is not new and not innovative, or even worse – the development violates the previously acquired rights of another inventor.

Therefore, definitely patent! Although you will have to disclose information about the development, in return you receive strong legal protection in the form of a patent!