Intellectual Property Law

The Uniform Trade Secrets Act (UTSA) § 1(4) defines "trade secret" as:

[I]nformation, including a formula, pattern, compilation, program, device, method, technique, or process that:

• Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
• Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

To date, 47 states and the District of Columbia have adopted the UTSA, a piece of legislation created by the Uniform Law Commission (ULC). Ohio's version is O.R.C. §§ 1333.61-1333.69.

There is also a federal definition of "trade secret," 18 U.S.C. § 1839(3), applicable to both the Economic Espionage Act (EEA) and the Defend Trade Secrets Act of 2016 (DTSA):

[T]he term “trade secret” means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if—

1. the owner thereof has taken reasonable measures to keep such information secret; and
2. the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.