Frequently Asked Questions
Are Trade Secrets intellectual property recognized and protected by the law?
Answer: Yes, Trade Secrets are Intellectual Property recognized and protected under federal law, state law, and the common law.
Are Trade Secrets protected Intellectual Property?
Answer: Yes. Federal Law, and 50 state laws and the common law provide protection to and enforcement of your Trade Secret under one or more of the following laws:
The Uniform Trade Secret Act (UTSA);
The Defend Trade Secret Act (DTSA);
State and US territories laws;
The Economic Espionage Act (EEA);
The Common law
How are Trade Secrets different from copyright and patents?
Answer: Trade Secret protections differ from copyright and patents in a number of ways:
Trade Secret protection allows the owner to maintain their trade secrets by keeping them secret and not subject to public disclosure, unlike copyrights and patents. Upon issuance of a copyright or patent from the Copyrights and Patents offices of the United States government, your works become public records, and open for all to see, including your competitors. Therefore, a competitor can learn your secret, works, ideas and inventions and by paying a fee to the Copyright and patent office your competitor can obtain your secrets along with a full set of plans and specifications directly from the United States Patent Office.
US Trade Secrets Registry as a private registry, not affiliated with a governmental agency is the opposite. Registration allows you to maintain secrecy of your works, the whole idea of having a Trade Secret in the first place.
Another difference between copyrights , patents and Trade Secrets is that copyrights and patents expire. Trade Secrets do not expire and you can maintain their secrecy as long as you want so long as you comply with Trade Secrets law for maintaining secrecy. ( Think about how long that certain chicken franchises “11 herbs and spices” have been kept secret, and how long that certain soft drink companies’ cola has been kept secret).
Copyrights and patents must go through a governmental agencies application, review and approval process before copyright and patent protection is granted. Trade secrets do not go through any governmental approval, review or application process for protection under Trade Secrets laws.
How does registration of my Trade Secrets protect my Trade Secret.
Answer: Registration is encrypted and it shows that you claim ownership of that secret, works, idea or invention as of the date of registration through a time and date stamped digitally verifiable proof of registration. This commonly referred to as date of ‘first use’ , or ‘prior possession’ or ‘independent development’. Anyone claiming they had that secret before the date of your registration, including a competitor would have to show in some other form that they had the secret, works, idea or invention before your digitally verifiable date of registration.
What if a competitor or rouge employee steals or misappropriates my trade secrets?
Answer:
If a competitor or rouge employee steals your trade secrets, the Uniform Trade Secrets Act and the Defend Trade Secrets Act along with other state and federal laws like the Economic Espionage Act, as well as theft and computer fraud and larceny laws are available to you in the form of having the person arrested, filing suit for damages, seeking a court injunction prohibiting the use of your trade secret since it was acquired by improper means, and in some cases exemplary damages and an award of your attorney’s fees.
Having your time and date stamped digitally verifiable trade secret would be proof that you had the idea or invention before your competitor or rouge employee stole/misappropriated your secret.
How is my Trade Secrets Stored?
Answer: The US Trade Secrets Registry has multiple layers of protection. Each client has their own account at US Trade Secrets Registry and pays a monthly subscription fee based on the amount of storage their secrets, works, ideas and inventions require. The clients then have their own electronic “vault” where an encrypted version of their Trade Secret is stored. The clients’ Trade Secret is time and date stamped in a digitally verifiable way showing the time and date it was registered, and thereby established the clients claim to that secret, works, idea or invention. The client has the combination to their vault and which can only be opened using the clients vault combination.
If I want to later copyright or patent my trade secret, can I do so?
Yes. If you want to at some time in the future copyright or patent your trade secret, you may do so by filing for copyright protection with the United States Copyright Office or filing for patent protection with the United States Patent office. Remember though, upon being granted copyright or patent protection your Trade Secret becomes public record and available for all to see, and obtain copies of plans and specifications for, including competitors.
Why are copyrights and patents public records, and registration with the US Trade Secret Registry not a public record?
The United States Copyright office and United States Patent office are governmental entities and are required by law to make copyrights and patents public records. US Trade Secrets is a private registry and not affiliated with any governmental agency and therefore is not subject to laws making its clients/registrants Trade Secrets public records.
Does US Trade Secrets Registry have an application and review process for registration of my Trade Secret?
Answer:
Unlike the United States Copyright and United States Patent office, both of which have application, review and approval process before a copy or patent protection can be approved. The US Trade Secrets Registry has no such application, review or approval process. You as the registrant, can register your trade secret in the form and content of your choosing. US Trade Secret Registry does advise you to consult with your own attorney in the form and content of your Trade Secret and on other methods your attorney advises on maintaining your Trade Secrets secrecy under the Uniform Trade Secrets Act and the Defend Trade Secrets Act, New York state law, US territories law, and internationally under the Economic Espionage Act.
The Uniform Trade Secrets Act and the Defend Trade Secrets Act and the laws outlined in section 9a above have broad definitions and do not have an application, review and approval process for you secrets, works, ideas and inventions to qualify as a Trade Secret .
Does the US Trade Secrets Registry decide if my idea or invention qualifies as a trade secret under the Uniform Trade Secrets Act or other laws protecting Trade Secrets prior to registration?
Answer:
No. The US Trade Secrets Registry was started so that an individual, entrepreneur, or business has an alternative to the governmental copyright and patent office’s processes so those entrepreneurs’ ideas, secrets, works and inventions could be registered and assert first use without going through a governmental offices approval processes.
If I call US Trade Secrets with questions, will I be speaking to a human being or an AI generated bot?
Answer: You will be speaking to an actual person, a human being, not an AI generated bot.
How do I get started in the registration process with the US Trade Secrets Registry?
Call us and speak to one of our representatives at 800-674-5647 or 772-631-0659 or email us at info@USTSR.org . Text messaging is not available on these numbers.
Contact Us
Call Us
- 800-674-5647
- 772-631-0659
Email Us
- info@ustsr.org