Trade Secrets - United States

Abstract

The scope of protection in the United States is broad. Under the applicable federal statute, 35 U.S.C. § 1836, et seq. (DTSA) and the Uniform Trade Secrets Act (UTSA) on which most state statutes are based, any information may be protectable as a trade secret as long as that information (1) is secret in that it is not generally known or readily ascertainable by proper means (2) derives actual or potential economic value because it is secret and (3) is subject to reasonable efforts to preserve its secrecy. The protection extends to “all forms and types of financial, business, scientific, technical, economic, or engineering information” (35 U.S.C. § 1839). Given this breadth, know-how, including negative know-how, is certainly captured within the scope of protectable trade secret information in the United States.

Keywords: trade secrets, united states, U.S.C. UTSA, uniform trade secrets act