Trade Secret

Per the USPTO, a trade secret:

  • is information that has either actual or potential independent economic value by virtue of not being generally known,
  • has value to others who cannot legitimately obtain the information, and
  • is subject to reasonable efforts to maintain its secrecy.

All three elements are required; if any element ceases to exist, then the trade secret will also cease to exist. Otherwise there is no limit on the amount of time a trade secret is protected.

The intellectual property experts of Cislo & Thomas LLP help companies protect valuable trade secret information by:

  • Establishing protective internal company guidelines, policies, and procedures;
  • Drafting confidentiality and non-disclosure agreements covering trade secrets; and
  • Litigating misappropriated valuable company trade secrets.
Below you will find links to laws and rules relevant to trade secrets in the United States.

USPTO – Trade secret policy

Legal Information Institute: 18 U.S. Code § 1836 – Civil proceedings

Legal Information Institute: Uniform Business and Financial Laws Locator

Trade Secret Institute: Statues and Trade Secret Acts by States

American Bar Association: Explaining the Defend Trade Secrets Act

Federal Defend Trade Secrets Act of 2016

National Institute of Standards and Technology: Trade Secrets Protection in the U.S.

WIPO – What is a trade secret?

California Uniform Trade Secrets Act –Calif. Civil Code Sections 3426-3426.11 

New York Uniform Trade Secrets Law

Trade Secret FAQ’s