Free Advice's trade secrets law legal information helps individuals and small businesses to understand their legal rights. To use Free Advice effectively, we recommend you read the Q&A's, post on the legal advice Bulletin Boards, and/or visit the state resource center! Click if you need assistance in locating an attorney, or finding trade secrets law legal forms. Intellectual Property - Trade Secrets Information Trade Secret Basics * What is a "trade secret’? * Do I register a trade secret? * What factors determine whether something is a "trade secret"? * What is the nature of trade secret protection and where does it come from? * Does the federal government recognize trade secret protection? * How do I mark something "trade secret"? * How do I choose whether to patent something or keep it as a trade secret? How to Maintain a Trade Secret * How do you maintain something as a trade secret? * What are reasonable means to protect secrecy? * What if I just don't tell anyone. Is that enough to preserve secrecy? * What should be in a non-disclosure agreement? * An employee is leaving, how can I be sure he/she won't take any trade secrets? * Do I absolutely need a written agreement to preserve trade secrets? * Can I recover trade secret status if the trade secret information is made public? * If one does everything reasonably possible to maintain the secrecy on trade secret, can trade secret protection be destroyed anyway, and, if so, how? Trade Secret Protection * How do I protect a trade secret? * How long does trade secret protection last? * Do most states protect trade secrets in the same way? * What about protecting trade secrets when dealing with federal government? * Do I keep something secret or patent it? * What is the nature of trade secret protection and where does it come from? Trade Secret Violations/Infringement * What can I do if someone under an obligation not to disclose my trade secrets threatens to disclose them? * What can I do if someone under an obligation not to disclose my trade secrets has already disclosed them? * What kinds of monetary damages are available for trade secret misappropriation? Transferring Trade Secret Rights * Can I transfer trade secret rights to another party?