Whether to Patent, Publish, or Keep Secret
In "A General Approach for Determining When to Patent, Publish or to Protect Information as a Trade Secret", Iraj Daizadeh, David Miller, Andy Glowalla, Mike Leamer, Ron Nandi & Clifford I. Numark of O'Melveny Consulting outline their approach to evaluating whether to patent, publish, or mainatin technology as a trade secret as illustrated here. Their approach involves several "decision points" that they summarize as
- Is public disclosure necessary?
- Is the idea easy to reverse engineer or discover independently?
- Is the technology area evolving quickly?
- Are you potentially interested in licensing the invention?
- Do the potential market revenues outweigh the patent and associated costs?