How long does a trade secret need to exist in order to be protected?

In Arizona, a trade secret must have existed for some period of time in order to receive protection under trade secrets law. Generally speaking, a trade secret must have existed for longer than the period of time it would have taken for someone of ordinary skill in the field to discover the secret through their own efforts. In some cases, a trade secret can be protected even if it has only been secret for a short period of time. For example, if a business were to develop a new formula, but would not be able to bring it to market for some time due to the nature of the formula, the trade secret could be protected as soon as the formula is developed. This is because it would take someone of ordinary skill in the field a longer period of time to discover the formula on their own. Typically, however, trade secrets must have been secret for at least a reasonable period of time to receive protection. How long is considered to be a reasonable period of time may vary from case to case, but typically one year is usually considered to be the accepted amount of time necessary for a trade secret to receive protection. Additionally, there are certain steps that a business must take to protect the trade secret. These steps include keeping the secret confidential, notifying employees of the secret, and implementing measures to ensure the secret is kept secure. When these steps have been taken, then a business may have greater protection of their trade secret, regardless of how long it has been secret for.

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How long does a trade secret need to exist in order to be protected?

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