Design Patent vs Trade Secret: Which Protects Your Product Innovation?
Product innovation often involves both visible design and hidden processes. Design patents protect appearance; trade secrets protect confidential methods. Here's how to choose — and why many companies use both.
Key Takeaway
Design patents (or registered designs in the UK) protect what customers see — the visual appearance of a product. Trade secrets protect what they don't see — manufacturing processes, material formulations, and engineering methods. The best strategy often combines both, with blockchain timestamps providing evidence for the trade secret side.
Side-by-Side
Design Patent vs Trade Secret: Quick Comparison
| Factor | Design Patent | Trade Secret |
|---|---|---|
| What it protects | Visual appearance of a product | Confidential processes and methods |
| Cost | £200-£1,500 (UK registered design) | Free to establish |
| Duration | 25 years max (UK) / 15 years (US) | Indefinite |
| Disclosure | Design published in register | None required |
| Scope | Visual appearance only | Any confidential information |
| Reverse engineering | Still protected (registered) | No longer protected |
| Registration required | Yes (for strongest protection) | No |
| Best for | Product shape, pattern, ornament | Manufacturing, formulas, processes |
Detailed Analysis
Understanding Each Option
Design Patent / Registered Design
A design patent (US) or registered design (UK/EU) protects the ornamental or visual appearance of a product. It covers the shape, configuration, pattern, or ornamentation — how a product looks, not how it works.
Advantages
- Protects against visual copying — even independent creation
- Relatively affordable compared to utility patents
- 25-year protection in UK (with renewals)
- Registration is straightforward
- Unregistered design rights also available (UK/EU)
Limitations
- Only protects visual appearance, not function
- Must be registered for strongest protection
- Design is published (disclosed)
- Limited to specific product appearance
- Narrower scope than utility patents
Trade Secret
Trade secrets protect any confidential information with commercial value — manufacturing processes, material formulations, engineering tolerances, supply chain details, and more. Unlike design patents, trade secrets protect what's invisible in the final product.
Advantages
- Protects processes, methods, and formulas
- Lasts indefinitely
- No registration or disclosure
- Covers any type of confidential information
- Free to establish
Limitations
- Lost if the secret becomes public
- No protection against reverse engineering
- Must prove reasonable protective steps
- Requires ongoing security investment
- Harder to prove without documentation
Decision Guide
When to Use Each
Use Design Patents When
- The product's visual appearance is distinctive and valuable
- Competitors could copy the look of your product
- You want to prevent similar-looking products
- The design is visible to customers
- You're prepared to publish the design publicly
Use Trade Secrets When
- The innovation is in the manufacturing process
- Your competitive advantage comes from how the product is made, not how it looks
- Material formulations or engineering methods are your IP
- You want indefinite protection without disclosure
- The innovation isn't visible in the final product
Better Together
The Layered Approach
Most products involve both visible design and hidden processes. Protect both layers:
Register the visual design — protect the product appearance that customers see and competitors might copy
Keep manufacturing processes as trade secrets — protect how the product is made, not just how it looks
Timestamp everything with blockchain — create court-ready evidence for trade secret claims and design priority dates
Use NDAs when sharing with suppliers and manufacturers to maintain trade secret status
Evidence for Both Approaches
immut blockchain timestamps support both design and trade secret protection. Timestamp your designs before registration to prove priority dates. Timestamp your manufacturing processes to create the evidence needed for trade secret claims. From £10 per timestamp, it's the evidence foundation for any product IP strategy.
FAQ
Frequently Asked Questions
Should I protect my product with a design patent or trade secret?
If the innovation is visible (the look), use a design patent. If it's hidden (the process), use trade secrets. Most products benefit from both — protecting appearance and manufacturing separately.
Can I use both design patents and trade secrets?
Yes, and you should. Protect the visible design with registration and the manufacturing process with trade secrets. Blockchain timestamps provide evidence for both.
How much does a registered design cost in the UK?
UK registered design costs £50 for a single design (IPO fee), though total costs with professional help are typically £200-£1,500. This is far cheaper than a utility patent.
What about unregistered design rights?
UK unregistered design rights arise automatically and last 10-15 years. They prevent exact copying but not independent creation of similar designs. They're free but harder to enforce than registered designs.
Need Help Choosing the Right IP Protection?
Book a call with our team to discuss which approach is best for your specific situation.