Patent Filing Decision Framework

// Step 1: Patentable? → Step 2: Worth patenting? → Step 3: Trade secret? → Step 4: Defensive publication?

// STEP 1: IS IT PATENTABLE?
□ Novel — not previously disclosed anywhere?
□ Non-obvious — not predictable to an expert in the field?
□ Useful — has specific, practical utility?
□ Passes Alice test — concrete technical improvement, not abstract idea?
→ If all yes: continue. If any no: skip to trade secret or defensive pub.

// STEP 2: IS IT WORTH PATENTING?
□ Is it detectable from outside? (competitors can reverse-engineer it)
□ Is it a core competitive differentiator?
□ Do you have $15K–$30K available for the process?
□ Will you realistically license or litigate?
→ If all yes: file patent. If no: evaluate alternatives.

// STEP 3: TRADE SECRET EVALUATION
□ Can you maintain secrecy with reasonable measures?
□ Is access to the innovation restricted and logged?
□ Do all employees and contractors sign NDAs?
□ Is protection needed beyond the 20-year patent term?
→ If yes: trade secret strategy.

// STEP 4: DEFENSIVE PUBLICATION
□ Do you want to prevent others from patenting this idea?
□ Are you comfortable with it being public / open?
→ If yes: publish on IP.com, your blog, or GitHub.

// COST COMPARISON
// Patent (full):           $15,000 – $30,000+  (2–3 year process)
// Provisional patent:      $320 – $5,000       (12-month placeholder)
// Trade secret:            $0 – $5,000         (legal docs + NDA enforcement)
// Defensive publication:   $0 – $500           (immediate, permanent)
// Open source:             $0                  (choose appropriate license)