Delain Law Office, PLLC, a law firm concentrating in trade secret and unfair competition with offices in Schenectady, New York, provides trade secret protection and unfair competition services throughout New York State and nationwide.

What Is a Trade Secret?

A trade secret is any know-how, invention, or other information that the owner believes provides him with a competitive advantage in the marketplace. A trade secret can range from something as complex as a chemical formula (the formula for Coca-Cola is a famous trade secret that is not known to the public to this day) to something as simple as a client listing.

What is Unfair Competition?

Unfair competition is the taking unfair advantage of a competitor in business. This can be through infringement of registered or unregistered intellectual property, misappropriation of trade secrets, or other means of unfairly "getting ahead."

Should I Keep My Invention a Trade Secret?

Whether an invention would be best kept as a trade secret depends in large part on the invention and the inventor.

Some inventions have kept their trade secret status for far longer than their patent rights would have lasted. The most famous example of this is the formula for Coca-Cola. This formula has been kept secret for nearly a century; patent rights expire 20 years from the date on which the original nonprovisional application was filed. The Coca-Cola Company has done very well with its trade secret, and still profits from the marketing and sale of the Coca-Cola formula. However, they take extraordinary measures to prevent the dissemination of their formula.

 If your invention is difficult to "reverse engineer," if you are good at keeping secrets, and if you have solid nondisclosure agreements in place, trade secret may be a viable alternative to patent for you.

If your invention can be "reverse engineered,", if you like to discuss your invention at professional meetings or parties, or if you do not have a good nondisclosure agreement in place,patent protection may be the route you should follow.

These considerations are merely broad guidelines. Each invention and each inventor are different from every other invention and inventor. Contact me for an in-depth analysis of your particular situation.

How Do I Protect My Trade Secret From Unfair Competition?

Trade secrets are protected under state law. Each state in the United States has statutory law and a body of case law that allows the owner of a trade secret to sue someone who misappropriates that secret. If your trade secret is infringed or misappropriated, call us for a consultation.

Contact us for more information about any of the materials on this website.