RE: Nanoco contains unsuspected hidden value27 Aug 2025 17:48
You can patent something that's previously been a trade secret if it meets patentability criteria, but this action makes it public information and removes trade secret protection and can possible give the process away which then exposes the cost of enforcement.
Why you can't patent a trade secret
Disclosure is required for patents
A patent application must fully describe the invention so the public can understand and potentially use it after the patent expires.
This public disclosure inherently contradicts the definition of a trade secret, which relies on keeping information confidential.
Loss of secret status
Once a trade secret is publicly disclosed through a patent filing, it loses its legal status as a trade secret.
When a trade secret and patent are complementary
Strategic advantage
You can strategically combine patent and trade secret protection.
For example, you can patent the core invention but keep certain aspects or improvements as trade secrets.
Trade secrets can protect information not eligible for patents
Some information, like a particular recipe or customer list, may not be eligible for patent protection and can only be protected as a trade secret.
During the application process
An inventor can maintain a trade secret while a patent application is pending by requesting a non-publication of the application, which can be an interim step to preserve trade secret status for the information at issue.