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

In Virginia, the answer to how long a trade secret must exist in order to be protected under trade secrets law is not fixed. Trade secrets can be any information, including both tangible and intangible information, that is not generally known and is of economic value to the owner. To be protected, the owner must take reasonable steps to keep the information secret. It is important to note that trade secret protection is not tied to a specific time period; however, it is likely that the longer the trade secret remains secret, the stronger the protection. In some cases, trade secret protection can last indefinitely, so long as the owner takes sensible steps to protect it. For example, if the owner can prove that the secret is still unknown to the public, they can enjoy the full protection of the trade secret law. The amount of time required to establish a trade secret varies from state to state, and some states may specify a minimum period of time or existance for a trade secret to be eligible for protection. In Virginia, however, this minimum period is not specified. Instead, the owner must be able to demonstrate that the trade secret is unknown and that reasonable steps have been taken to maintain secrecy in order to enjoy the protection of the laws.

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

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