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What's the difference between patents and proprietary information?

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Phil Albert

Phil Albert, Patent attorney for difficult technologies

Answered Dec 28, 2015 · Author has 3.8k answers and 1.3m answer views

We don't usually refer to particular intellectual property as proprietary information. There are trade secrets, which belong to the trade secret owner and are proprietary to that owner and are protectable as long as the owner keeps it secret or makes sufficient efforts (as various laws define those) to keep them secret.

Patents got their name from being open. So, everything in a patent is open to public inspection, but patent laws provide for exclusive use, making, selling, etc. would go to the patent owner.

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Konstantinos Konstantinides

Konstantinos Konstantinides, EE, Patent Agent

Answered Dec 28, 2015 · Author has 23.4k answers and 15.6m answer views

Proprietary information is a very broad term and typically denotes non-standard information, something developed and controlled by a specific person or company.  For example, the connector and cable used in Apple iphones is proprietary. In contrast, other phones use a USB-based connector, which is a standard.

Whether something is proprietary or standard, it can also be protected by patents.  A patent gives the right to an inventor to block others from using their invention for a limited amount of time (up to 20 years.).  For example, both Apple's interface and USB may be protected by patents, so regardless which one you want to use, you may still have to pay licensing fees.

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Jonathan Lyons

Jonathan Lyons, Creative professional and the owner of Lyons Digital Media, creators and consumers of Intellectual property.

Answered Dec 28, 2015 · Author has 2k answers and 1.7m answer views

I am not a lawyer. A patent is a license granted by a government which allows the holder a limited monopoly on the patented item. While the patent is active, no one other than the patent holder may produce the item or use the patented process.

Proprietary information need not and often is not patented. Why? Because even if you had the item in your hands, you are unlikely to be ably to replicate the item in the same way or to the same quality. We also call these trade secrets. The formula for Coca Cola and Col Harland Sanders recipe of 11 herbs and spices are prime examples.

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Benjamin S. Zhang

Benjamin S. Zhang, Founding Partner, Trademark & Patent Attoreny at Luo & Jia Associates

Answered Dec 31, 2015 · Author has 257 answers and 104.7k answer views

Proprietary information is a broad term, but usually we refer it as trade secret, you have to shut it from public eyes to gain advantage, while patent is public disclosed and have a limited protected period as 20 years in most countries.

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Anas Alfarra, Intellectual Property Manager (2014-present)

Answered Feb 24, 2018

Think about proprietary information as a house and patents is a room in it. Other rooms can be trade secrets, copy rights, and trademarks.

Good luck.