What types of information can't be protected as trade secrets?

Trade secrets are very important in Washington and in the United States as a whole. They are the basis for many businesses’ success and are critical to protect their interests. However, there are certain types of information that cannot be protected as trade secrets, in order to protect the public’s access to knowledge. Information that is not protectable as a trade secret often includes the following: • Knowledge that is available in the public domain or that can be easily obtained from a public source without breaking any laws. • Ideas, processes, or information that a company derived from the general public, such as an open source software platform. • Ideas that were already known to the company prior to the invention, process, or technique of another, such as a competitor’s patent. • Ideas that are publicly available, such as a published recipe. • Knowledge that has been acquired by reverse engineering a product or service. Finally, it’s important to note that trade secret status can be lost if the information is made public or becomes generally known and easily accessible to the public. Thus, companies must exercise caution when deciding to protect information as a trade secret.

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