Are trade secrets eligible for patent protection?
No, trade secrets are not eligible for patent protection. In Washington, a trade secret is any information that has economic value to its owner and is kept secret from others. In order to qualify as a trade secret, the information must be kept in a secure manner, such as with restricted access, or encrypted or password-protected. Trade secrets may be eligible for protection under the Uniform Trade Secrets Act (UTSA). This act provides certain remedies for the misappropriation of a trade secret. Patent protection, on the other hand, is available for inventions that are novel and non-obvious. This protection is exclusive to the owner for a limited period of time. To be eligible for patent protection, the invention must be novel, non-obvious, and have some form of utility or usefulness. The invention must also be disclosed to the public. By contrast, trade secrets must be kept secret in order to maintain their value. In summary, trade secrets are not eligible for patent protection since they must be kept secret in order to maintain their value. Trade secrets, however, are eligible for protection under the Uniform Trade Secrets Act. This provides certain remedies for the misappropriation of a trade secret.
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