A trade secret is any type of confidential business information that provides an enterprise a competitive edge. Trade secrets include anything from manufacturing processes, formulas, and recipes to customer lists and marketing strategies.
The quintessence of a trade secret lies in its concealment. It derives value from its obscurity and difficulty in accessing or understanding from reverse engineering. Protecting trade secrets is crucial to maintain a business’s competitive position and foster innovation and efficiency within the marketplace.
Trade secret cases are common in the United States. In fact, since the enactment of the Defend Trade Secrets Act (DTSA) in 2016, more trade secret cases involving DTSA claims have been filed. Annually, federal courts litigate thousands of these cases.
If not handled correctly, losing trade secrets can lead to millions of dollars in profit losses for companies.
Given the sensitivity of such cases, partnering with meticulous and strategic professionals is paramount to successfully handling them. We deliver exactly that at Heimlich Law.
At the core of our firm’s ethos is clear communication, rigorous research, and strategic litigation. These principles help us in winning cases and protecting trade cases for numerous clients, time and again. We promise dedication in handling your trade secret case and a partnership with attorneys who:
With Heimlich Law, you gain competent allies who you can trust to value and guard your innovations effectively.
When choosing between trade secret protection vs patent protection, businesses must consider the longevity of confidentiality versus the time-limited exclusivity patents offer.
To understand this, it’s important to understand how the protection nature of patents and trade secrets differ. Patents, unlike trade secrets, require disclosure of an invention, and after a finite period of time the exclusive rights. Trade secrets, on the other hand, stay confidential for an indefinite period.
Exclusive rights to patents typically last 20 years from the filing date. After such time, it will be publicly available, thereby allowing anyone to use, produce and sell it freely. The exclusivity of trade secrets, meanwhile, should remain undisclosed as long as it continues to provide a competitive edge. This allows you to continue benefiting unless the trade secret is disclosed.
Choosing between one or the other hinges on the following factors:
We are a boutique law firm specializing in intellectual property with an emphasis on patents.