Inventor's Guide to Trademarks and Patents, The

The Trade Secret and How to Exercise Control

Trade Secrets are defined by a number of sources. Under the Restatement of Torts, §757 (1939), “a trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving material, a pattern for a machine or other device, or a list of customers.”

Trade secrets are defined under the Uniform Trade Secrets Act as:

A trade secret means information, including a formula, pattern, compilation, program, device, method, and technique or process that:

1. Derives independent ...