Olivia Lipnic's Libguide on Trade Secrets: Home

Trade secret law is a branch of intellectual property law that relates to the protection of proprietary information against unauthorized use by others. 

Trade Secrets & Patents

Trade secrets are similar to patents. Patents require an inventor to provide a detailed description and enabling disclosure about the invention in exchange for the right to exclude others from using the invention for a limited period of time. Once a patent expires, the information contained within it is no longer protected. There are more limitations on what can be patentable compared to what can be considered a trade secret. Another way they differ, is that patents may protect against independent discovery, whereas a trade secret does not. Trade secrets also require the owner to maintain its secrecy. 

When an invention is eligible for either patent or trade secret protection, owners need to weigh the benefits of each type of protection and various business considerations before deciding how to protect their intellectual property.

More information here

What is a Trade Secret?

Information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique, or process that:  

1. Derives from independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
2. Is the subject of reasonable efforts under the circumstances to maintain secrecy.

• Patent - a title that gives the owner the legal right to exclude others from making, using, or selling the patented invention for a limited amount of time in exchange for publishing an enabling public disclosure of the invention.
  • U.S. Patent & Trademark Office
• Trademark - any word, phrase, symbol, design, or a combination of the three that identifies your goods and/or services.
  • U.S. Patent & Trademark Office
• Copyrights - protect original works of authorship 
  • U.S. Copyright Office