Determining how long a patent lasts is easy – 20 years from the first non-provisional priority date plus any extensions and adjustments (assuming payment of all maintenance fees).
How long a trade secret lasts is much different. There is no official clear lifetime, unlike with patents, trademarks, and copyrights.
Trade secrets can last forever (with skill and some luck), or can be lost immediately if you are not diligent and careful.
Long-lasting trade secret examples are the Coca-Cola recipe, the WD-40 formula, and the KFC spice blend. The oldest trade secret that Tangibly knows of is a manufacturing method for metal cymbal instruments from the Zildjian Company. They use a special blend of metals to make a custom alloy that gives exceptional sound to the cymbals. The trade secret is over 400 years old!
<h2>When Does a Trade Secret End?</h2>
In some cases, you can predict when a trade secret will end. For example, anything in a patent application will remain confidential until the patent office publishes it in 18 months.
Of course, if you accidentally or intentionally disclose a trade secret on a webpage, in an article, or present it at a conference, it can be lost forever. Very often, employees don’t realize that what they’re doing will jeopardize a trade secret – this is why training and education are so critical to reducing these risks.
So, if you want your valuable trade secret to last a long time, have good policies and procedures in place. You can limit access to the trade secret, train your staff on the proper handling of trade secrets, and have good infosec solutions in place. These and more all add up to the “reasonable measures” that you take to protect your assets.
You can reduce your risk of trade secret theft and position yourself as well as possible for success should enforcement be required by using Tangibly as part of your trade secret program. <a href=”/demo/”>Contact us</a> for more details.
