Smith IP Law Group

Tradesecret

Tradesecret

For all information (such as inventions) that can and will be protected from disclosure to others, tradesecret can be highly effective in protecting the information.  The protection of a trade secret program will last as long as an effective trade secret program is put in place and practiced.  Tradesecret is limited to only information that can be kept secret and is in fact kept secret, which excludes all items and information that is shared with customers, but clearly includes internal procedures and information such as manufacturing and testing processes that never leave the factory. Tradesecret has the advantage that no examination of the trade secret program is required, or even possible, before litigation against a thief of the information, so the trade secret program can be implemented quickly, rather than waiting years for patents to issue.  Nonetheless, a tradesecret program must be well planned and executed in order for a court to honor the tradesecret(s).  The recipe of Coca-Cola® is a good example of a tradesecret program that has existed for over 100 years and protected the recipe of Coca-Cola®.