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Proprietary Information

Strategies to help you safeguard the information you have invested in creating, compiling, or developing.

A trade secret is information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

Trade secret law generally protects against misappropriation of the information. That is, the information itself is not protected, but rather the means by which it is obtained must be proper. Accordingly, if someone else reverse engineers a product or independently creates or compiles information without violating any duty to maintain secrecy, such activities are generally proper.

Even if your proprietary information does not rise to the level of a trade secret, we can help protect it through alternative strategies.

Smith Keane offers services to protect your proprietary information, including:

  • Non-disclosure agreements
  • Non-compete agreements
  • Trade secret identification
  • Information access controls
  • Business process counseling
  • Educational workshops
  • IP-related employment litigation and mediation
  • Confidential information dispute litigation and mediation
  • Trade secret theft litigation and mediation

FAQ

Common questions about Trade Secrets and Proprietary Information

The term “intellectual property” refers to creations of the human mind. Intellectual property can be protected by patents, trademarks, copyrights, and/or trade secrets.

A trademark is a word, logo, phrase, or other identifier that identifies your goods or services and distinguishes you from your competitors.

Utility patents protect inventions. Patents allow you the right to exclude others from making, using, selling, or importing a patented invention.

Utility patents protect inventions. Patents allow you the right to exclude others from making, using, selling, or importing a patented invention.

Utility patents protect inventions. Patents allow you the right to exclude others from making, using, selling, or importing a patented invention.

Learn more about our services

Patents and Designs
Trademarks
Copyrights
Proprietary Information
IP Litigation
IP Strategy and Analytics
IP Counseling
IP Education
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Don’t leave fruit on the vine or proceed without knowing the landscape.
Contact Smith Keane to help identify, assess, protect, and manage your intellectual property.​

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