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Obtaining Trade Secret Protection

Learn about how to obtain trade secret protection by taking reasonable efforts to maintain the secrecy of information deriving independent value from not being generally known.


Trade secret law protects valuable information, so long as its owner makes reasonable efforts to maintain the information’s secrecy. Trade secret protection is available under both state and federal law. The vast majority of states have adopted some version of the Uniform Trade Secrets Act, or UTSA. In 2016, Congress enacted the Defend Trade Secrets Act, or DTSA, which added federal protection for trade secrets based largely on concepts developed by state law.

The UTSA and the DTSA define a...