Trade-Secret Programs

Preserve your rights prior to patenting.

A trade-secret can be as complex as a proprietary process and a chemical reaction that maximizes yields, or it can be as straightforward as the data contained in a client list. In particular, trade secrecy can be used to preserve rights prior to patenting, to protect information that cannot be patented, and to act as an alternative to patent protection when enforcement of a patent would be impracticable or unnecessary.

The law will protect a very broad range of trade-secrets from misappropriation. However, the owner of a secret must take active steps to protect its secrecy. Once secrecy is lost through the conscious actions of its owner, the courts offer no recourse. We will help you take active steps to limit the possibility of this occurring.

Trade-secret protection is distinct from other forms of intellectual property protection, and can be of immense value. We will work with you to identify and define your trade-secrets. We will help you to implement a structured program for protection, addressing such things as archiving of secrets, laboratory visits by outsiders, computer passwords and employment contracts. We offer guidance regarding trade-secret protection versus patent protection. The choice of one over the other can affect rights and remedies, as well as the cost involved in the protection of your intellectual property.