Buche & Associateds, P.C. Patent Law

A trade secret is generally any formula, pattern, device or compilation of information which is used in one's business, and which gives one an opportunity to obtain an advantage over competitors who do not know or use it. The statutory and common law of trade secrets and unfair competition serve to protect those assets which give a business a competitive advantage and that a business takes reasonable precautions to protect.

Typical examples would include customer lists, secret recipes, secret chemical processes, product sourcing lists, spreadsheets, business plans, lists of telephone numbers and business contacts. Unlike patents, trade secret law can protect a variety of ideas—even concepts that may not be patentable.

How long can a business keep a secret? The benefit of a trade secret is that it could last indefinitely, so long as reasonable precautions are taken to protect it as such. The downfall is that if someone figures out your secret by “reverse engineering” or other fair means, you can lose the right to prevent them from using the technology.

In trade secret litigation, the issues are generally whether the information was truly “secret”, whether precautions were taken to protect information as proprietary, whether there were any unfair actions of the defendant, and establishing and proving the proper measure of damages. With offices in Los Angeles (Santa Monica), San Diego and Houston, Texas, Buche & Associates, P.C. can help your business devise steps to protect intellectual property rights to non-patented, although valuable technologies. We are well versed in handling litigation involving unfair competition, misappropriation of confidential information, and trade secret theft. Do not hesitate to contact us for a free initial consultation.