A trade secret is valuable business information you keep secret — a customer list, a formula, pricing, software, a manufacturing process — and unlike a patent, it needs no registration. The law protects it for as long as it stays secret.
Two laws protect trade secrets: the federal Defend Trade Secrets Act of 2016, and Ohio’s Uniform Trade Secrets Act (Ohio Revised Code Chapter 1333). Under both, information counts as a trade secret when it meets three tests: it is not generally known or readily ascertainable, it has economic value because it is secret, and its owner takes reasonable steps to keep it secret.
Misappropriation means getting a trade secret by improper means — theft, bribery, spying, or breaking a duty of secrecy — or using or disclosing it while knowing it was obtained that way. A former employee who takes a client list to a competitor, or a contractor who shares your process with a rival, are classic examples.
Protection is practical, not automatic. The steps that matter most are simple: written confidentiality agreements, access limited to people who need the information, documents marked confidential, and an exit procedure when employees or contractors leave. A business that shares its “secret” freely will have a hard time calling it one in court.
Attorney Lei Jiang advises businesses on protecting their trade secrets under Ohio and federal law.
In short: if information gives you an edge because competitors do not know it, and you treat it as secret, the law will treat it as a trade secret — no filing required.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This page is general information, not legal advice for a specific situation.