If you have a trade secret, you deserve some protection. According to state and federal law, you can take action against someone who steals your secrets. Trade secret law in Orlando protects you from theft.
Here at the Patent Professor, we understand the importance of protecting your trade secrets. If someone violates your trust or steals your secret, we want to help. Our firm has the experience necessary to take action against the offending party.
The Basics of Trade Secret Law in Orlando
For the most part, trade secrets are protected by state law. In Florida, the Uniform Trade Secrets Act specifies the regulations that involve trade secrets. You cannot steal, embezzle, or copy a trade secret. If you do, you are guilty of a third-degree penalty.
In addition to facing criminal charges for the act, the offender can also face civil charges. If you are the rightful owner of a trade secret, you can sue the offender for damages. You might be able to receive compensation for any money lost as a result of the theft.
Local laws aren’t the only laws that relate to trade secrets. The Economic Espionage act of 1996 is a federal law that protects trade secrets. If an offense occurs in the U.S. but continues on outside of the U.S., this law applies. It could protect you.
What is a Trade Secret?
Although the term “trade secret” is quite broad, there are some basics you should know. Generally, a trade secret relates to information that has economic value. That information could be in the form of a program, drawing, data, or almost anything else.
The value from the information can be actual or potential. In some cases, there is no evidence that the information will have much value. All that matters is the potential.
For something to be a trade secret, there needs to be an effort to keep the information secret. If there is no effort made, then the information does not qualify as a trade secret. You need to attempt to limit knowledge about the secret.
It is possible to have a trade secret that is in development. Although you might not have a completed formula or calculation, it can still qualify as a trade secret. If you have any questions about the requirements for a trade secret, you should contact us. A patent attorney in Orlando can explain more about what qualifies for this type of protection.
Protecting Your Trade Secrets
If you have a trade secret, you need to take steps to protect it. Protection is not automatic. In fact, you need to go through the right channels to protect your secrets.
In some cases, this means getting ownership of your secret. If you have a trademark, you need to register it to yourself or your business. The same is true of a trade secret.
Some individuals assume that a patent will protect their secrets. However, patents expire. If you patent your secret, someone could have access to the information in the future. This makes your information public knowledge.
But there’s another reason patents don’t get the job done. Sometimes, your secrets are not eligible for patents. You might not meet the requirements for a patent, which leaves your information at risk.
If you want to protect your information, you should contact us at the Patent Professor. With the help of our firm, you can make sure your information is protected. Instead of worrying that someone will steal your information, you can know that your secrets are safe.
Unfortunately, trade secrets do not prevent reverse engineering. If someone takes your product and figures out how to create it on their own, you have no protection. The only exception is when other individuals obtain the product through illegal or fraudulent means. Otherwise, you have no legal action against them.
That’s one advantage to patents. With a patent, you can prevent reverse engineering. If someone tries to reverse engineer your product, they are guilty of infringement. No one can attempt to recreate your invention.
All isn’t lost if you lose your secrets to reverse engineering. If you have registered trademarks, you can protect your brand. Consumers might trust your product over a new competitor. By working with us, you can learn how to keep your product and your brand safe.
The Complexities of Software Trade Secrets
Technology complicates things a little. If you have source code or software code, you can copyright it. As creative information, it falls under copyright law. However, that code might contain trade secrets.
When this occurs, you might want to register part of the code as a trade secret. In addition to getting protection through your copyright, you also get protection from the trade secret law in Orlando. In certain situations, you can also seek out protection in the form of a patent.
If you are unsure of the best way to protect your software, you should contact us at the Patent Professor. Protecting your software could be essential to your business. However, it’s also very complex. If you want to keep your information safe, you should get all the facts.
Working with Patent Professor
There are many ways in which you can protect your intellectual property. By working with our firm, you get advice on the ways in which you can keep your information safe.
Furthermore, we can advise you on what you need to do to make your information a trade secret. It’s often the only way in which you can take action against someone who steals your secret.
Whether you have a trade secret or any other type of intellectual property, you could benefit from some help. With a flourishing economy, Orlando is home to many new and growing businesses. Your best chance at success is to protect the information that makes you stand out.
By the time someone steals your information, you might not have any recourse. Don’t wait until it’s too late; be proactive. Contact our office to find out how an attorney can protect your information from the competition.