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Trade Secret Attorney in Colorado

Feldmann Nagel, LLC handles the full range of intellectual property matters, including trade secrets. With decades of legal experience and an unwavering commitment to our clients, we are prepared to help you and your business develop and implement a plan to help you keep your valuable intellectual property secret from competitors. If your trade secret has been stolen or misappropriated, we can also advise you on your legal options.

Feldmann Nagel, LLC can assist you with IP disputes and other business litigation involving:

  • Unjust enrichment damages
  • Injunctive relief regarding theft of trade secrets
  • Misappropriation of trade secrets
  • Protection of confidential information
  • Duty of loyalty to an employer
  • Nondisclosure agreements
  • Non-compete agreements

Our goal is to help you proactively safeguard your trade secrets and take swift action to address improper use or disclosure.

What is the Difference Between a Trade Secret and a Patent?

Patents and trade secrets, in theory, are very similar; however, legally, a patent gives its owner a limited monopoly granted by the government in exchange for full and complete disclosure of an invention, whereas a trade secret may be a patentable invention which the owner chooses to keep secret instead of seeking patent protection.

The best example of a trade secret is the formula for Coca Cola, which has never been patented, and thus, never disclosed; however, Coca Cola has taken fantastic steps to keep its formula away from its competitors by protecting it as a trade secret.

In the U.S., the patent system comes from the Constitutional provision that empowers Congress “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

The U.S. patent laws encourage inventors to make such disclosures by granting them patents that confer upon them the exclusive rights to make, use, and sell their inventions for a limited time (approximately 20 years). In contrast, trade secrets are not limited in time but, rather, are only limited to the time in which they are kept secret. In fact, a trade secret could last forever if the information is kept secret. Thus, according to U.S. law, the first step to acquiring on-going trade secret protection is secrecy. This presents a simple problem: if the secret is not protected, i.e., gets out or is discovered independently, then the trade secret protection ends. What this means is that if you sell your product and thereby make your trade secret “available” to the public, you will lose your legal trade secret protection.

Patent protection, on the other hand, protects against the unauthorized making, using, selling of the invention for the duration of the patent term in exchange for the patent owner making the invention “available” to the public. Unlike patents, trade secret laws come from tort misappropriation and unfair competition laws.

Schedule a Free Consultation with a Colorado Trade Secret Lawyer

Trade secrets can be a vital part of a business’s success. If you suspect that your trade secret has been compromised, do not delay in contacting a member of our team who can help you take swift legal action. To schedule a case evaluation with a member of our team, please call (888) 458-0991.