The most important thing for you to do is to take action immediately. As soon as you know or believe that your trade secret has been, or is about to be, improperly disclosed or used, you need to initiate an action to stop it. Call an attorney. One important issue that arises when you have … Continued
It may sound flip, but the best way to protect a trade secret is not to tell anyone. In order to have secrets, you have to have the intention and the ability to keep them. When absolute exclusion and secrecy are possible, that is the way to maintain your trade secrets. However, either by the … Continued
When you have a choice between obtaining patent protection and maintaining a trade secret, you should carefully consider the drawbacks of protecting your discovery only by secrecy. Disclosure: Obviously, secrets can be broadcast, accidentally (a misrouted fax or email), out of innocent ignorance, or on purpose. Although you may be able to sue for damages … Continued
“Why shouldn’t I just get a patent on my secret knowledge and have the explicit grant of the government protecting my exclusive use of it?” That is an excellent question that goes to the heart of your decision about how to best protect certain of your innovations. After all, in many cases a patent is … Continued
“What are the elements that distinguish a trade secret from my ordinary skill in my trade or profession?” In spite of the differences in law among the states, a trade secret is generally agreed to be any concrete information or knowledge that is used in a business, that is not generally known or readily ascertainable … Continued
