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March 29, 2021 · Updated April 28, 2021 · Daniel B. Garrie and Hon. Gail A. Andler (Ret.)

Trade Secrets: Is Litigating Infringement Worth It? What Can Be Done Instead?

However, information deemed a trade secret is not protected by a patent, copyright, or trademark. Such information is protected by keeping it under wraps.

However, information deemed a trade secret is not protected by a patent, copyright, or trademark. Such information is protected by keeping it under wraps. Unlike patents, which require the inventor or owner “to provide a detailed and enabling disclosure about the invention in exchange for the right to exclude others from practicing the invention for a limited period,” trade secrets are rarely shared with individuals outside of those with an absolute need to know, and there is no time limit as to how long the owner or inventor can keep it a secret.

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