What are the Steps to Create and Protect a Trade Secret?

Because trade secrets are no registered, the steps to create and protect a trade secret are those required to keep it a secret or at least confidential. These steps can include confidentiality clauses in employment agreements and independent contractor agreements, non-disclosure agreements, password protections, limiting the information on a “need to know” basis, and other safeguards that ensure a trade secret remains confidential. Creation of a trade secret often involves experimentation and know how to develop something that has competitive value by remaining secret from the public and competitors. The biggest risk to a trade secret is typically current and former employees.


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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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