To Patent or Not To Patent?

In engineering innovation and entrepreneurship, deciding whether to patent an invention requires balancing alternatives like trade secrets against key business considerations. This startup skills workshop overviews patenting versus trade secret pros and cons.

Key issues:

1. Trade Secrets vs. Patents: When to protect inventions secretly (e.g., Coca-Cola's formula) over patents, assessing reverse-engineering risks, enforcement and non-compete clauses that may restrict disclosure or mobility.

2. Non-Compete Agreements: Identifying/negotiating covenants in contracts to avoid startup barriers, tying into IP choices like trade secrets that preserve flexibility without public disclosure.

3. Startup Patent Strategies: Balancing high costs, timelines and risks — including invalidity challenges in district court and the Patent Office — through provisional filings and targeted IP portfolios to enhance investor valuation while minimizing exposure.