Do trade secrets require a filing with a state or federal government agency?

A: Many business leaders have questions about whether trade secrets require a filing with a state or federal government agency. If your business holdings are in the states of New York or New Jersey, you cannot file for protection in these states.

However, if you have business holdings in other states, a New York business lawyer can still assist you with the process of filing in states that follow the Uniform Trade Secrets Act (UTSA).

It's important to understand that trade secrets do not have the same kind of protection as trademarks or patents. The UTSA provides protection of trade secrets in most states except: 

• Massachusetts;
• New York;
• New Jersey;
• North Carolina; and
• Texas. 

If you are interested in protecting a trade secret, know that they are best protected when they are not disclosed. You actually take a risk in registering your trade secret.

Registering a trade secret actually serves to expose the secret so it may not actually be the correct choice in your situation. Speaking with a New York business lawyer who has expertise with trade secrets can help to alleviate any confusion in this area. Your counsel will guide you in the best way to protect your trade secrets.

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