First of all, the patent application is not published until 18 months after filing. Secondly,
"the decision to file a patent application is not irrevocable. The act of filing a patent application does not result in loss of trade secret rights. In the United States, patent applications are kept confidential. It is only upon issuance of the patent that the information contained in the application is publicly disclosed, resulting in loss of trade secret status for any information which the patent contains. Therefore, if a patent is not granted on an application, or if the application is abandoned during prosecution, the trade secret disclosed in the application will not be published and the trade secret can be maintained." |