Trade secret protection. Indefinite, if kept secret.
Trade secrets are confidential business information that provides competitive advantage and is subject to reasonable secrecy measures. Unlike patents (require disclosure) and copyright (require expression), trade secrets protect underlying confidential information indefinitely as long as secrecy is maintained. Federal Defend Trade Secrets Act (DTSA) and state Uniform Trade Secrets Act (UTSA) provide civil remedies for misappropriation.
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Confidential information providing economic value from being not generally known, subject to reasonable secrecy measures.
Customer lists, formulas (Coca-Cola), source code, business plans, supplier terms, internal processes.
No expiration if secrecy maintained. Patents expire after 20 years; trade secrets can outlast.
NDAs, access controls, employee training, marking confidential. Without measures, trade secret status is lost.
Federal Defend Trade Secrets Act and state Uniform Trade Secrets Act provide civil remedies for misappropriation.
The full picture.
What qualifies as trade secret
Information that: (1) is not generally known to the public or competitors; (2) has economic value from being secret; (3) is subject to reasonable measures to maintain secrecy. Customer lists, formulas, source code, manufacturing processes, business strategies, pricing information, internal training materials.
What does not qualify
Information already public. Information shared without secrecy obligations. Reverse-engineerable products (in many states). General industry knowledge.
Reasonable measures
NDAs with employees and contractors. Access controls (need-to-know basis). Confidential markings. Secure storage. Employee training on confidentiality. Exit interviews documenting return of materials. Without these, courts often find trade secret status lost.
Trade secret vs patent
Patent: requires public disclosure; 20-year monopoly. Trade secret: no disclosure required; indefinite if kept secret. Reverse-engineering risk for trade secret. Patent strategy locks out competitors for 20 years even if they could otherwise discover. Trade secret strategy keeps it confidential forever if measures hold.
DTSA (federal)
Defend Trade Secrets Act of 2016. Provides federal civil cause of action for misappropriation. Allows seizure remedies. Whistleblower protections.
UTSA (state)
Uniform Trade Secrets Act. Adopted by 48 states + DC + USVI (not New York and Massachusetts, which use common-law approaches). Provides civil remedies for misappropriation.
Common misappropriation scenarios
Departing employee takes customer lists or code. Competitor hires former employee for their knowledge. Former contractor uses confidential information for their own business. Industrial espionage. Cyber breaches.
Remedies
Injunctive relief (stop the use). Compensatory damages. Punitive damages for willful misappropriation (up to 2x compensatory). Attorney fees in some cases. Criminal penalties for theft of trade secrets (Economic Espionage Act).
Best practices
Identify trade secrets explicitly. Mark and store them as confidential. Require NDAs with anyone receiving them. Train employees on confidentiality. Use exit interviews to recover materials. Audit trade secret protections regularly.
Common questions.
What is a trade secret?
How do I protect a trade secret?
How is a trade secret different from a patent?
What can be a trade secret?
What agreements protect trade secrets?
What happens if a trade secret is disclosed?
Do I need to register a trade secret?
How do trade secrets fit with other IP?
Can File.Business help protect my confidential information?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
How we deliver, end-to-end.
Four-step path from request to confirmation. State and IRS turnaround varies; our steps run in parallel where possible to compress the timeline.
Intake + scope
You tell us what you need through a short intake form (or a call for complex matters). We confirm scope, surface any gating issues (deadlines, missing documents, entity status), and quote any state fees that pass through at cost.
Prepare + verify
Our specialists draft the filing, verify entity details against state databases, run internal QA, and route any items needing your sign-off. You see drafts before anything gets submitted.
File with the authority
We submit directly to the state Secretary of State, FinCEN, IRS, USPTO, or whichever authority your filing requires. We pay state fees at cost and track the submission identifier in your account.
Confirmation + vault
Stamped certificate, IRS notice, or filing receipt arrives in your SOC 2 encrypted document vault the moment we receive it. Next filing deadline auto-added to your compliance calendar where applicable.
Built on the same infrastructure used by 220,000+ businesses.
SOC 2 Type II audited
Independent annual security audit covering access control, change management, incident response, and data handling. Current report on request.
All 51 US jurisdictions
Every state plus DC plus Puerto Rico - direct filings, not third-party reseller. We hold registered-agent qualifications in every state we operate.
Deadline guarantee
If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. Specific to each plan and the filings it includes.
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Independently verified by Trustpilot + Google + our own NPS infrastructure. Customer success team within reach by email, chat, or phone.
60-day money-back promise
Change your mind in the first 60 days and we refund our service fee in full. State filing fees pass through at cost and are non-refundable once paid to the state.
E&O insured
Errors and omissions coverage protects you from service errors. Carrier and certificate available on request for enterprise clients.