Firms do not patent every invention. In many cases they rather rely on trade secrecyorothernon-legalmeanstoprotecttheirintellectualproperty,i. e. the returns on their investments in research and development (R&D). A patent confers to its ownerthe exclusiverights to prevent third parties frommaking, using, o?ering for sale, selling, or importing for these purposes the patent protected product (Art. 28, Agreement on Trade-Related Aspects of Int- lectual Property Rights (TRIPs)). In exchange for the temporary monopoly which is securedby this protection,the patentee has todisclose the invention in a manner.
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