Patent Attorney and Founder
Should you protect your invention with a patent or keep it as a trade secret? It’s a question many inventors wrestle with, and today I’m here to break it down for you.
Hi, I’m JD Houvener, the founder and owner of Bold Patents Law Firm. For over 10 years, I’ve been helping inventors secure nearly 500 patents, and I’m the author of Bold Ideas: The Inventor’s Guide to Patents (published in 2021 and getting a fresh update in 2025). If you’re just starting out, grab my Inventor Kit linked below. It’s full of resources and tips to help you navigate the patent process, from searches to drafting your application, all the way through working with examiners.
Now, let’s dive into the big question: when should you go with a patent, and when should you keep your invention secret? To answer this, let’s first define what we mean by trade secrets.
A trade secret is any information you have that gives you an edge over your competitors. Maybe it’s a formula, a technique, or even just a unique way of doing things that no one else has figured out. Essentially, it’s something your competitors would pay a lot to know. To protect it, you keep it under wraps—usually by limiting access to only those who need it.
If it’s physical, you’d lock it up. If it’s digital, you’d use top-tier tech to safeguard it. And don’t forget to label anything that’s a trade secret clearly. You want to make it obvious that this information is confidential. After all, the worst-case scenario is someone leaks it—whether accidentally or on purpose—and once it’s out, you can’t get it back.
But there’s a trade-off here. With a trade secret, you don’t get the monopoly that comes with a patent. If your competitors can figure out how to reverse-engineer your product or process, they can do the same thing. That’s why you have to be careful about what stays a secret and what’s worth patenting.
Here’s where patents come in. When you file for a patent, you’re putting your invention in the public eye. As soon as your application is filed and a year and a half later when it’s granted, it’s published for the world to see. The upside is that you get exclusive rights to make, use, and sell your invention for a limited time. The downside? Your competitors can look at your patent, figure it out, and maybe even design around it.
So, how do you know whether to patent your invention or keep it as a secret? A simple test: reverse-engineering. If you sold your product to a competitor, could they easily figure out what makes it unique? If the answer is yes, then you should definitely look into patenting it. A patent will protect your idea, preventing others from making or selling it without your permission.
On the other hand, if there’s no way anyone could figure out how your product works—like with some software or highly complex systems—you may be better off keeping it as a trade secret. The key is whether your competitors could figure it out if they had access to your product. If they can’t, you might be safe keeping it in-house.
The bottom line: make sure you understand your invention’s vulnerabilities before deciding. If it can be reverse-engineered, file for a patent. If it can’t, a trade secret might be the way to go.
And remember, if you need help figuring all this out, download the Bold Inventor Kit from the link below, or get in touch with us at Bold Patents.
Take care and keep innovating!