The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance.
The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…