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ARTICLE · 16 JANUARY 2026

Trade Secrets: A Guide For Business

Foley Hoag LLP
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Trade secrets can be a valuable component of an intellectual property (IP) portfolio, whether as a complement to patents or as an alternative...

United StatesIntellectual Property
Barbara Fiacco
Barbara Fiacco
Urszula Nowak
Urszula Nowak
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Trade secrets can be a valuable component of an intellectual property (IP) portfolio, whether as a complement to patents or as an alternative. Trade secret information is fundamentally different from a patented invention and must be protected in fundamentally different ways. Trade secret protection is available for a broad array of information for which patents are not available. Conversely, some innovations cannot be protected as trade secrets but can be patented.

Trade secret protection can provide an economical and effective means to protect a company's information, but it is critical that the company act prospectively to preserve its trade secrets. Taking precautions with employees, consultants, vendors, and business partners now can avoid costly losses in the future.

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