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It is possible that more than one person or entities can claim rights to the same trade secret on the same technology or commercial information if both independently developed that technology and both take reasonable steps to keep it a secret, as long as the technology is not ?generally known?.
A trade secret is any information that allows you to make money because it is not generally known. A trade secret could be a formula, computer program, process, method, device, technique, pricing information, customer lists or other non-public information.
Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.
Under this basic definition of trade secret, it is clear that a computer program including logic, structure, and organization can qualify for trade secret protection as long as it is not generally known.
The Uniform Trade Secrets Act (UTSA): Overview The general definition is: "A piece of information that has independent economic value by not being generally known and can reasonably be maintained a secret." The Act is fairly broad and protects almost any information that gives a business a competitive edge.
Software is protected under copyright law and the inventions related to software are protected under patent law.
Contact the Division at (801) 530-6601 during normal business hours.
The source code itself is generally considered to be a trade secret, while the executable code is usually treated as copyrighted material with respect to publishing, sharing, licensing and selling the software. Owners therefore need to protect their software in a manner similar to that used to protect books.