Most organisations can tell you exactly how many patents they own. Far fewer can identify their most valuable trade secrets.

Yet those trade secrets often represent the knowledge, processes and expertise that competitors struggle hardest to replicate and investors increasingly want to understand. As businesses become increasingly reliant on data, know-how and proprietary processes, protecting these assets is critical to maintaining competitive advantage.
At FB Rice, we help organisations identify, protect, commercialise and enforce trade secrets and confidential information as part of a broader intellectual property strategy.

Helping organisations uncover and protect their valuable hidden IP assets

“In an AI-enabled world, the question is not simply whether an invention can be patented. It is which elements should be patented and which should remain secret.”
Helen Mutimer, Head of IP Advisory
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What are trade secrets?

Trade secrets are confidential business assets that derive value from not being generally known and are subject to measures designed to preserve their secrecy. Trade secrets are becoming an increasingly important part of clients' IP strategies as businesses seek to protect valuable know-how, data, algorithms, manufacturing expertise and other commercially sensitive information that may not be suitable for patent protection.

They can include a wide range of technical, commercial and operational information, including:

  • proprietary know-how and technical expertise
  • manufacturing and scale-up processes
  • algorithms and software implementation methods
  • product formulations and recipes
  • research data and analytical methods
  • products and technologies under development
  • customer and supplier information
  • market intelligence and commercial strategies
  • business plans, proposals and operational processes

While patents protect publicly disclosed inventions for a limited period, trade secrets can potentially provide protection indefinitely, provided the information remains confidential.

For many organisations, some of their most valuable intellectual property may never appear in a patent specification.

How we help

Effective trade secret protection requires more than legal documentation.

Our attorneys combine deep intellectual property expertise with practical experience across technology, life sciences, engineering, manufacturing and research-intensive industries. We help clients determine which assets should be patented, which should remain confidential and how different forms of IP can work together to create lasting competitive advantage.

Our team helps organisations identify, protect and realise the value of their trade secrets through:

  • trade secret identification and risk assessments
  • trade secret and know-how strategies
  • trade secret registers and governance frameworks
  • confidentiality policies and information management practices
  • employee, contractor and consultant protections
  • confidentiality, licensing and collaboration agreements
  • commercialisation and technology transfer support
  • due diligence and transaction readiness
  • trade secret enforcement and dispute support

What our clients say

Many organisations don't realise how much of their competitive advantage lies in confidential information and know-how.
Unlock the value of your trade secrets
Let us help you identify, protect and realise that value.