Patents and trade secrets each come with trade-offs. As a general rule, if your intellectual property can be reverse engineered, you probably need the protection of a patent, which gives you the exclusive right to use or license your invention and act against infringers.  

 

However obtaining a patent also means that your invention will be publicly disclosed, and it will be free for anyone to use when the patent expires. 

 

A trade secret may theoretically be held forever, but it is only as good as the ability to keep it truly secret. 

 

A notable example of a trade secret is the formula for Coca-Cola, which has never been reverse engineered and has been kept secret for over a century. 

 

Whether to opt for a patent or keep a trade secret is a choice best made with the assistance of an experienced intellectual property lawyer such as those at Chernoff, Vilhauer.