Developed solution to get rid of silverfish
Silverfish AS started when Julia and Halvor Sakshaug bought a house that was full of silverfish. The problem just got bigger and bigger, and at the time there were no effective ways to get rid of the bugs. They therefore tried to find a solution, and ended up making a trap. The insects are attracted to the trap by a self-developed lure, climb onto the trap, and fall into a cup where they die in contact with the cooking oil in the lure. The trap turned out to be so effective that it had commercial potential. So they decided to make a trap that could be mass-produced. This has been sold to consumers in Norway for over 5 years through the online store silverfish.no and direct sales to companies, institutions and municipalities. They have also exported and sold via partners in several other countries.
Unable to patent the invention
The entrepreneurs contacted an IP advisor at Innovation Norway to assess the IP strategy for the trap and the lure. This was the conclusion:
The trap : The insects are caught by falling into the trap and cannot get out again. This is a pitfall trap, a method of capture that has been known since the Stone Age. The fact that the trap has rough surfaces where insects can climb and slippery where they will lose their footing, or other key details of the trap, was considered not to have sufficient novelty or inventive step to be patented. At least not to stand up in a lawsuit about patentability.
The lure : The lure is more unique, and could probably have been patented. The disadvantage of a patent in this case was that the recipe would have become public 18 months after the patent was granted. Then others would be able to make a lure that is almost as good, but that is sufficiently modified to not violate the patent. The founders were also not 100% sure that the recipe at that time was final, and could be left with a patent on something they did not use. A modified lure would not be protected by the patent. Secrecy of the recipe and production was considered a good solution.
Possible to protect the design
Although the trap could not be patented, it was possible to register its design. This was considered for a long time, but because the company at the time was a hobby project in a family with young children, they did not prioritize spending time on this. If someone copied the trap, the plan was to use the knowledge and experience they had gathered and develop an even better trap.
– Keeping the recipe for the lure secret was the right solution for us.
Julia and Halvor Sakshaug
Julia and Halvor Sakshaug
Secrecy was chosen
The lure has been kept secret by only company employees being involved in its production. The ingredients have been purchased from various suppliers. In cases where they have to disclose the contents, for example in the product register, in data sheets and to subcontractors for rental bottling, they have used less specific categories or required confidentiality agreements.
Secrecy worked well in a start-up phase where they had limited time and capital available. The founders were afraid that established players would try to copy what they had developed. However, it has been shown that the industry is very conservative and unwilling to invest in new solutions, so the fears were exaggerated. The lure cannot also be used with other types of traps, so those who copy the lure are dependent on getting supplies of traps or investing in their own copy.
Founders' advice to others
If others are considering confidentiality, they recommend that you think carefully about who needs the information and how it will be protected through employment contracts or confidentiality agreements. It is also important to think about how relevant information is protected physically and electronically. It can be helpful to talk to an IPR advisor who knows the regulations, but keep in mind that the advisor may not know the market.
Secrecy requires that the business be aware
Silverfish's experience shows that keeping an invention secret can be an option if it cannot be patented. However, it is important to be careful about who has access to the trade secrets, and to have agreements with both employees and external partners. You can read more about this in our article on trade secrets. There you will also find a link to a template for a confidentiality agreement.
