Trade secret protection concerns information whose economic value depends on not being generally known or readily ascertainable by proper means, and that is subject to reasonable secrecy measures. Not every internal document or confidential label establishes a trade secret. The information and the way a business handles it both matter.
What information should a business evaluate?
Depending on the circumstances, candidates may include technical processes, formulas, source code, pricing methods, or commercially valuable compilations. Identify the particular information and why secrecy matters instead of treating all business records as a single category. Information already made public may require a different analysis.
What do reasonable secrecy measures look like?
Measures should fit the information and the business. Consider access restrictions, appropriate confidentiality agreements, secure storage and transmission, employee training, and records of permitted disclosures. Review who can download or share sensitive material. Plan return or deletion procedures and account changes when employees, contractors, or partners leave, while preserving records required for a dispute.
Is an NDA enough?
An NDA can define permitted use, recipients, exclusions, and handling duties, but it should be paired with actual confidentiality practices. Review what will be disclosed, for what purpose, and to whom before sharing it. An agreement cannot automatically turn public information into a trade secret or prevent every lawful use.
How does trade secret protection differ from a patent?
There is no trade secret registration. Qualifying protection can continue while the legal conditions remain satisfied, but independent development or lawful reverse engineering can undermine a commercial secrecy strategy. A patent involves a different process, including disclosure and examination. Read the IP protection comparison before choosing an approach.
What if information may have been misused?
Preserve relevant communications, agreements, access records, and a chronology of events. Identify the information at issue and how it was protected. Avoid altering or deleting potentially relevant evidence while responding. Promptly discuss the circumstances with counsel; the appropriate response depends on the facts and applicable law.
Discuss protection, agreements, or enforcement
The firm's IP litigation practice includes trade secret rights, and its licensing practice addresses confidential information and know-how arrangements. Bring your policies, agreements, and intended disclosures to a consultation.
Contact Lowry Blixseth APC
Contact the firm in Agoura Hills or call 818.584.6460 to discuss your IP question, objectives, and any deadlines.