The secret implies not disseminating the knowledge developed or acquired in-house. It can replace, supplement or extend a patented invention. Some precautions must however be taken.

  • Develop a Secret Technical File

  • Switch from Secret to Know-How

  • Secret and time

Develop a Secret Technical File

Secrecy is an essential step in the innovation process. The Secret Technical File is the first step that makes it possible to materialize the innovations concerned, whether they are patentable or not. For example, to make a list of the software elements used in a new program; or consider whether an optimized chemical process should be disclosed.

Switch from Secret to Know-How

The know-how, as defined by the EU Directive 2016/943 of June 8, 2016, consists of information which is secret, which has commercial value because it is secret, and which has been the subject of reasonable provisions intended to keep them secret, from the part of the person who has control of it lawfully given the circumstances.

Secret and time

However, the secret is subjected to time. The secret information must be internally disseminated without being put in danger of being disclosed. In addition, the know-how often remains a punctual competitive advantage, one step ahead. The question of its durability and its obsolescence must therefore be asked.