It's not functionally equivalent at all because trade secrets have no term limitation, whereas patents have express term limits. >Not that easy - you need to b

It's not functionally equivalent at all because trade secrets have no term limitation, whereas patents have express term limits. >Not that easy - you need to be able to afford a patent law fight. Big companies like MS might just take it anyway and risk the lawsuit, because they can afford to drag it out longer than you can stay solvent. People bemoan plaintiff-side patent litigation financing but this is exactly why it exists and is a good thing, imo.