Trade secret policy

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“IP Policy and International Affairs” on a teal abstract background with five icons: globe, shield with a checkmark, lock, lightbulb with a dollar sign, and classroom training.

The USPTO provides policy leadership, advocacy, and technical expertise in the domestic and international protection of trade secrets. This includes regular representation of the U.S. government in bilateral and multilateral intellectual property (IP) and trade negotiations, including representation at the World Intellectual Property Organization (WIPO) and other international and domestic forums and frameworks.

A trade secret:

  • Is information that has either actual or potential independent economic value by virtue of not being generally known
  • Derives value from disclosure or use of the information by others who cannot ascertain the information through proper means
  • Is subject to reasonable efforts to maintain such information secret

All three of the listed elements are required. If any one of them ceases to exist, then the trade secret will also cease to exist. Otherwise, there is no limit on the amount of time a trade secret is protected.

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Introduction to trade secrets

Watch this three-minute video to learn what trade secrets are and why they matter for your business.

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Trade secrets versus patents

Trade secret protection compliments patent protection. Learn about the benefits of both types of IP protection. 

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Protection of trade secrets

Read about key laws and judicial opinions that have shaped trade secret protection.