Trade Secrets & When Protection Becomes Void

trade secrets

The realm of intellectual property may seem vast, but the bottom line is that it only applies to the branding of your business and what you need in terms of logos, slogans, service information that you want the public to be aware of, and then protection of artistic works and inventions. Most businesses do begin building a brand right away, along with creating information that may need to be copyrighted. Technically, the definition of what is protected by copyright is an artistic expression of work. This can be relevant to a business in many cases though, from certain marketing materials to legal documents to computer programs, spreadsheets, works of architecture, and so much more. This type of intellectual property protection is crucial when you are expending large amounts of money and time on important projects, and when you must worry about infringement by competitors.

Protecting trademarks and service marks is just as vital, to avoid theft of branding mechanisms that play a vital role in helping customers (sometimes around the world) remain familiar with what you offer, whether goods or services. Patents protect what you may be creating within your business, giving you exclusive rights to manufacture and sell your invention for up to 20 years.

All intellectual property is related to trade secrets, which the United States Trademark and Patent Office considers to be the ‘fourth form of intellectual property,” as follows:

“Trade secrets consist of information and can include a formula, pattern, compilation, program, device, method, technique or process. To meet the most common definition of a trade secret, it must be used in business, and give an opportunity to obtain an economic advantage over competitors who do not know or use it.”

And although it may be assumed that your employees realize they should not be giving out any information about the trade secrets of your business, think again! People talk, competition is fierce, and without proper legal protection, your trade secrets could walk right out the door. Protection of your trade secrets can be diminished if you do not take care of them properly though. This means securing and identifying them properly, using caution in terms of any accessibility, and making sure that everyone who works with you knows that such information must stay within the business. Without such measures, you may lose all protection of trade secrets, in line with guidelines from the USPTO.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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