Choosing Trade Secret Protection

Trade secret protection may last indefinitely.

Trade Secret Example

The formula for Coca-Cola is protected under trade secret law.

Trade Secret Fact

Recipes and beverage formulations may be protected under trade secret law.

When deciding whether to use trade secret protection to protect important company information, the trade secret owner should consider the commercially valuable life of the information, how susceptible it is to reverse engineering or independent discovery, and whether the information is subject to any other form of protection such as patent protection.

Patent protection is generally more secure than trade secrets because reverse engineering or independent discovery of the secret will not compromise patent rights. However, trade secret protection may last indefinitely while the information will be subject to patent protection for a limited time.