Trade Secrets in AgTech: Opportunities and Risks
By Joshua Goldberg
Trade secrets represent a different approach to intellectual property protection. Instead of
providing exclusivity through government-granted rights, trade secrets protect confidential
information that derives value from remaining undisclosed.
Unlike patents, trade secrets can theoretically last indefinitely provided confidentiality is
maintained.
Advantages of Trade Secrets
Trade secrets can be particularly useful for protecting:
● proprietary datasets
● algorithms used in agricultural analytics
● manufacturing processes
● cultivation methods
● operational know-how.
Because trade secrets do not require disclosure, companies avoid revealing technical details to competitors.
Trade secrets also allow companies to update or refine processes without filing new applications.
Risks of Trade Secrets
Despite these advantages, trade secrets carry significant vulnerabilities in agricultural contexts.
Field trials can expose materials and techniques to third parties. Agricultural products may be
subject to reverse engineering once they reach the market. Employee mobility can also transfer
proprietary knowledge between companies.
Regulatory requirements may further complicate secrecy by requiring disclosure of technical
information.
Determining whether patents or trade secrets provide stronger protection requires careful
evaluation of how agricultural technologies are developed, tested, and commercialized. The
author advises innovators on designing integrated IP strategies that protect both technological
inventions and proprietary data assets.
Ultimately, investors must evaluate how patents and trade secrets function together within a
company’s overall IP strategy.
The final article explores the framework investors use during IP due diligence.
