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Frequently Asked Questions

What kind of information qualifies as a trade secret?

A trade secret is information or technology that is not generally known, is used in one's business, that the owner takes reasonable measures to protect as a secret, and that confers economic value because it is a secret.

What are some of the limitations of trade secret protection?

• That which is readily visible and ascertainable cannot constitute a trade secret.

• Information that is widely available cannot constitute a trade secret.

• Generally, third parties can lawfully reverse engineer, discover, and then appropriate trade secrets that are embodied in a commercially sold product.

• Trade secret protection is not as exclusive as patent protection.  If someone else independently develops the same information or technology, they may lawfully use it.

• If a third party acquires the information, and the manner in which they acquired it was not improper, then the third party is free to use or disclose it.

• If your secret becomes public, it is no longer protectable as a trade secret.

Can I disclose my trade secret in a patent application and still keep it a secret?

Once a patent application is published or issued as a patent, the information becomes public and is no longer the subject of trade secret protection