Trade secrets protection is far worse for innovation

Opponents of gene patents maintain that trade secret law adequately incentivizes genetic research.330 However, trade secret law actually exacerbates the more pressing issues of genetic research for two reasons. First, trade secret protections are unstable, as they only exist so long as the underlying information is kept secret.331 It is unlikely that investors would feel more confident investing in intellectual properties like trade secrets that could disappear at any moment—especially when compared to patents that carry a set, guaranteed term of protection.332 Second, the nature of trade secrets actively discourages the dissemination of research, as trade secret protections are predicated on keeping information secret.333 Unlike patents, which explicitly require the disclosure of discoveries, trade secret law incentivizes researchers to prevent others from learning about their discoveries for as long as possible.334 Collectively, trade secret law is a poor fit for genetic research, as it would fail either to provide economic stability or to encourage the sharing of genetic discoveries. The lack of trade secret protections as a viable alternative adds to the argument that patent law is the best available solution for human genetic technologies.