Patent, trade mark or trade secret? Choosing the right protection

28 September 2026

Most businesses own more intellectual property than they realise – and protect less of it than they should. The first step is understanding which kind of protection fits which kind of asset.

Patents: for technical inventions

A patent protects an invention that is new, involves an inventive step and can be made or used in industry. In return for publishing how it works, you can stop others making, using or selling it, typically for up to 20 years if renewal fees are paid.

Patents suit inventions that competitors could copy once they see the product, and where the commercial life is long enough to justify the cost. They are less suited to ideas that change quickly or cannot easily be detected in a competitor’s product.

Trade marks: for your brand

A registered trade mark protects the names, logos and other signs that identify your goods or services. Unlike patents, registrations can be renewed indefinitely. Registering a company name or domain does not give you trade mark rights, so check and register your key brands early – especially before entering new countries.

Designs: for how products look

Registered designs protect the appearance of a product – its shape, lines, colours or ornamentation. They are relatively quick and inexpensive, and useful where appearance is a selling point.

Copyright: for creative and software works

Copyright arises automatically for original works such as text, images and software code. You do not register it in the UK, but you do need to be able to show who created a work and that the business owns it.

Trade secrets: for what you can keep confidential

Some valuable know-how – processes, recipes, algorithms, customer insight – is better kept secret than published in a patent. Trade secret protection depends on taking reasonable steps to keep the information confidential: NDAs, access controls and clear employee obligations.

Putting it together

Most businesses need a mix. A typical technology company might patent its core invention, keep its manufacturing process as a trade secret, register its brand as a trade mark and make sure all code is owned by the company. The right mix depends on your product, your market and how competitors operate.