Trade Secret Protection:

A trade secret may be comprised of such things as a formula, design, pattern, instrument, or collection of information which is not readily ascertainable and therefore, the business with the trade secret may have an economic advantage over competitors

There are three factors that make up a trade secret:

  • The information/item is not generally known to the public, and therefore, secret
  • Having the information/item must confer some type of economic benefit because it is a secret
  • The information must have been subject to reasonable steps by the rightful holder of it to keep it secret

Trade secrets, unlike patents or trademarks, are protected without registration and consequently, are protected regardless of procedural formalities.  Trade secrets can be protected for an unlimited amount of time. With that being said, a company can often protect its trade secrets through non-compete and non-disclosure contracts with its employees.  To know all the protections available, however, usually requires the assistance of knowledgeable legal counsel.

If you have any questions about Trade Secret Protection, please contact Mr. Gourde at (949) 825-6525.


Thomas L. Gourde, Partner - Ray & Gourde, LLP
111 Pacifica, Suite 120 - Irvine, CA 92618
(949) 825-6525 - Fax: (949) 825-6544 - Email: tgourdelaw@gmail.com