Intellectual Property
Trade Secret Protection
A trade secret is the one form of intellectual property with nothing to file. There is no application, no registry, and no certificate. Protection exists only for as long as the information genuinely derives value from not being known, and only while you take reasonable measures to keep it that way. Which means the protection is built from what you actually do — the agreements, the access controls, and the habits — and it can be lost in an afternoon.
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- Quoted in writing
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“Attorney McCarthy is very knowledgeable and supportive during every step of the process.”
A prospective client may not obtain the same or similar results.
Protecting confidential information?
Tell us what you need to keep in-house. We usually reply the same business day.
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Book a ConsultationYou’re not hiring a filing service.You’re working with an attorney.
Legacy Path Law focuses on nonprofit, business, and intellectual property law. Your matter is handled by an attorney — not simply an online filing platform.
The attorneys who will handle your program
Founding partners Breanna McCarthy and Channing Thomas. Breanna is a member of The Florida Bar; Channing is a member of the Virginia State Bar and clerked at the North Carolina Court of Appeals and the Supreme Court of Virginia.
Your matter is handled by an admitted attorney, not an intake team and not a filing service.
Trade Secret Protection
- An inventory of what actually qualifies as a trade secret
- Confidentiality agreements for employees and contractors
- Mutual NDAs for vendors, partners, and investor conversations
- Assignment of inventions language where it belongs
- A written access and handling policy
- Onboarding and exit procedures that hold up as evidence
- A review of restrictive covenants under the law that applies to you
Quoted in writing before any work begins
Who this is for
There is nothing to file. Protection lasts exactly as long as the information stays secret and you can show what you did to keep it that way.
You have something worth keeping in-house.
- Formulas, processes, methods, pricing models, or proprietary data
- A customer list built over years rather than assembled from public sources
- Employees or contractors with access to confidential material
- Vendors, partners, or investors who need to see sensitive information
- A key person is leaving, or a funding round is coming
A registration is the better route.
- A brand name, logo, or slogan — see trademark registration
- Original creative work — see copyright registration
- An invention you are willing to publish — that is patent territory — see talk it through
- You want a general IP overview first — see IP overview
- Someone has already taken it — see talk it through
Information can be genuinely valuable and genuinely secret and still lose protection, because nobody can show what was done to protect it.
Choosing How to Protect It
Trade secret protection is not a filing, so there is no version of this where you pay a fee and receive a certificate. What you are buying is evidence.
| Feature | Nothing In Writing | Downloaded NDAs | Full-Service Law Firm |
|---|---|---|---|
| What qualifies | Never defined | Not addressed | Inventoried and defined |
| Employee and contractor terms | Verbal understanding | One template for everyone | Drafted per relationship |
| Invention assignment | Absent | Usually absent | Included where it belongs |
| Access and handling policy | None | None | Written, and workable |
| Onboarding and exit process | Informal | Informal | Built to produce evidence |
| If it is ever litigated | “Everyone understood” | A signed form, little else | A documented, demonstrable program |
| Best for | Nothing | Nothing at stake | Anyone with a key employee, a partner, or a funding round |
The first question in a trade secret dispute is not whether the information was valuable. It is what you did to keep it confidential, and the answer has to be demonstrable.
What actually qualifies
Not everything confidential is a trade secret. The information has to derive independent economic value from not being generally known or readily ascertainable by people who could profit from it — and you have to be taking reasonable steps to keep it secret.
Customer lists, pricing models, formulas, manufacturing processes, proprietary methods, supplier terms, and internal data can all qualify. General industry knowledge, information a competitor could work out by inspecting your product, and anything you have published cannot.
The second half of the test is the one businesses fail. Information can be genuinely valuable and genuinely secret, and still lose protection because nobody can show what was done to protect it.
“Reasonable measures” means evidence
If a trade secret is ever litigated, the first question is not whether the information was valuable. It is what you did to keep it confidential — and the answer has to be demonstrable, not assumed.
What that looks like in practice is unglamorous and entirely doable: signed confidentiality agreements that exist before the information is shared, access limited to people who need it, confidential material actually marked as such, vendors and contractors under NDA, and an exit process that recovers materials and reminds departing staff of obligations that survive their employment.
None of this is exotic. The reason it matters is that a court will look for it, and “everyone understood it was confidential” is not a measure. It is a hope.
Trade secret or patent?
For something genuinely inventive, these are alternatives rather than complements — a patent application publishes the thing a trade secret depends on concealing.
Indefinite
Lasts while it stays secret The trade-offNo filing and no expiry, but no protection against someone who independently develops the same thing or reverse-engineers it lawfully.
Fixed term
Exclusive rights, then public The trade-offProtection even against independent invention, in exchange for publishing how it works and losing exclusivity when the term ends.
Our overview of the four types of intellectual property covers how these fit alongside trademarks and copyright. We handle trademarks and copyright directly, and work alongside patent counsel when a filing is the right route.
Find Out What You Have
Most businesses have not written down what they consider confidential. We work through it with you, because you cannot protect a category nobody has defined.
Paper the Relationships
Employees, contractors, vendors, partners, and investor conversations each need different language. A single NDA template used everywhere tends to fail somewhere.
Set the Handling Rules
A written policy covering who has access to what, how confidential material is marked and stored, and what happens when someone joins or leaves.
Make It Stick
The program is only worth what it is worth on the day it is tested. We set it up so following it produces the evidence you would need.
Trade Secret Questions
Do I have to register a trade secret?
No, and you cannot. There is no registry and nothing to file. Protection arises from the nature of the information and the steps you take to keep it confidential. That is an advantage — no cost, no expiry — and a risk, because there is no certificate to point at if you have not done the work.
Is an NDA enough on its own?
It is the single most important piece and it is not sufficient by itself. An NDA signed after information was already shared, or one nobody enforces while confidential material circulates freely, is weak evidence. The agreement and the practice have to match.
Can a former employee use what they learned working for us?
There is a real line between general skill and knowledge, which a person takes with them, and your specific confidential information, which they should not. Where that line falls is fact-dependent, and restrictive covenants vary considerably by state. It is much easier to address at onboarding than after someone has left.
What happens if a trade secret gets out?
It depends how. Disclosure by someone under an obligation of confidence may be actionable, and there are civil remedies including injunctive relief. Independent development or lawful reverse engineering, by contrast, is not misappropriation — and once information is genuinely public, trade secret protection in it is gone.
Can we protect a customer list?
Often yes, if it is not readily ascertainable and it has been treated as confidential. A list compiled over years with purchase history and contacts is quite different from names anyone could assemble from public sources. How it has been handled internally matters as much as what is in it.
We are small. Is this worth doing now?
The work scales with the business, and doing it early is markedly cheaper than reconstructing it later. The moments when trade secret protection matters most — a key employee leaving, a partnership souring, a funding round’s due diligence — are the moments when there is no time to build it.
Related Reading
Trademark, Copyright, or Patent?
How to Choose a Strong Trademark
Why Your Operating Agreement Matters More Than Your LLC Filing
What Clients Say
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We came to Legacy Path after experiencing significant difficulties with another firm, including important work that had not been properly completed. Legacy Path stepped in, carefully reviewed what had been done, identified the outstanding issues, and took the necessary action to bring the matters to completion.
What impressed me most was their willingness to take ownership of the process. Rather than making excuses or focusing on the problems created by the previous firm, they focused on solutions, communication, and getting the work done correctly.
Their team has been professional, knowledgeable, responsive, and dependable throughout the entire process. After the experience we previously encountered, it was refreshing to work with a law firm that understands the importance of accountability and client service.
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I would confidently recommend Legacy Path Law Firm to anyone looking for a legal team that follows through on its commitments and genuinely takes care of its clients."
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She took the time to explain complex legal matters in plain language, making sure our board understood every step before moving forward. Her work gave us confidence that our organization was structured correctly and positioned for future growth.
I would highly recommend Breanna to any nonprofit or business looking for an attorney who is professional, thorough, and a trusted advisor. We truly appreciate everything she did to help Latino Professionals in Aerospace get off the ground legally and set us up for long term success."
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What I appreciate most is that she's not only incredibly knowledgeable, but also someone I genuinely trust. Anytime a legal question comes up, she's my first call. She takes the time to explain everything clearly, provides practical advice, and always has my best interests in mind.
Having someone in your corner who is responsive, professional, and truly invested in your success is invaluable. Breanna has been exactly that for me, and I wouldn't hesitate to recommend her to anyone looking for an outstanding attorney."
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Breanna is also thoughtful, strategic, and consistently focused on delivering the highest quality work. I would recommend her without hesitation to any organization seeking exceptional legal counsel."
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Breanna made difficult administrative tasks seem easy, and all of this with a smile. She was a trusted resource for our work, and I'm happy to highly recommend her to others."
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