Unlike other forms of intellectual property, trade secrets are not registered. The USTA definition tells us that, in order for the right in a trade secret to exist, it must be:

• valuable because others don’t know about it;

• something others can’t get the information about without obtaining it from the owner; and

• kept a true secret by the owner taking active and reasonable measures to protect it from becoming publicly known.

Additionally, as long as all the above elements exist, the trade secret maintains protectable intellectual property rights. This is why some companies opt not to obtain patent protection on certain things—because patents become public records and the life of patent protection does eventually end. Therefore, a trade secret offers potentially longer protection than a patent.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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