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Trade secrets apply to processes, formulas, ingredients, recipes, methods and systems that are confidential. The key element of maintaining trade secrets is to keep them tightly held.

As long as you can keep them confidential, you do not want to patent them. A few examples:

1. Kentucky Fried Chicken (recipes, formulas, processes).
2. Lea and Perrin’s Worcestershire Sauce (300 year-old process).
3. Coca-cola (ingredients, processes, formulas).
4. Xerox copiers in the 1960's and 1970's and 1980's (famous for maintaining its copying processes in a locked, black box).
5. In-plant manufacturing processes, such as Intel's chip production.
6. Pending patent applications (they are trade secrets before they become public knowledge).
7. Magic tricks. Sure why not!?

Trade secrets are normally kept in confidential journals, which may be safeguarded in a safe. Typically they are available to certain individuals on a need to know basis.

Employees working in plants that apply trade secrets will have what is referred to as a "trade secret program" in place. It is typically two-fold:

1. Employees are notified that certain processes and subject matter are considered trade secrets that must be protected. Employees are asked to be a part of the protection process and to not disclose or discuss confidential subject matter. Employees sign a document agreeing to keep it confidential as a condition of their employment.
2. Employees are also asked to sign over and cooperate to file any patent or IP subject matter to the company and to help process and maintain the subject matter. This subject matter must be in the core business of the company.

Just like with other IP, it doesn't cost a cent to get started protecting your trade secrets. All you need is a journal to write down and clarify it. Our Quick Start Guide shows you how to start trade secret protection in minutes.

We provide support to inventors and businesses who would like to establish a trade secret program. Let us know if you'd like us to help prepare the documentation for you.

When do you file a patent application on your trade secrets? This can be a tricky question and in fact, it can be a disaster if a trade secret is maintained on subject matter that is later covered by a patent application. You can avoid this dilemma...(more)