Trade Secrets and Their Risks

Trade secrets have a potential of unlimited protection time-wise. But they have their own unique risks.

If the trade secret can be discovered by examination of the product or service, trade secret protection is worthless. Even full-force reverse engineering is a legitimate business technique against which you have no complaint recognized in the law.

If the trade secret is discovered by a failure to maintain sufficient secrecy controls, trade secret protection is lost.

If the trade secret is independently re-invented by a third party, trade secret protection is lost. They might even be able to obtain patent rights thereon.

These are risks that can, and sometimes should, be taken. An independent professional opinion, however, may be prudent before the risks are taken.

More about trade secrets, patents and other intellectual property areas on my website at www.noreklaw.com