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Trade Secrets

Cantor Colburn attorneys have extensive experience advising clients on all aspects of trade secret protection. From advising clients on whether to protect information as a trade secret or to seek patent protection, to negotiating and preparing agreements regarding the use or transfer of trade secrets, or to providing advice regarding remedies for trade secret theft, Cantor Colburn can help.

Trade secrets can include any information that is used in business and gives the business a recurring business advantage over its competitors, who do not know the information. Unlike patents, trade secrets can be protected forever as long as the information remains secret. Cantor Colburn is well-positioned to advise clients on the prospects for establishing trade secret status, and on the extensive precautionary steps that must be taken to maintain that status. Because trade secrets, like patents, are property, the right to use a trade secret can be transferred or licensed. Cantor Colburn has the experience necessary to conduct the negotiation and preparation of agreements to license or acquire trade secrets.

In many states, theft of a trade secret is a criminal as well as a civil offense. Federal legislation protects trade secrets used in interstate or foreign commerce and provides especially severe penalties for theft and disclosure to a foreign entity. Should a trade secret be stolen or compromised, Cantor Colburn’s experienced attorneys are well-versed in the resulting penalties that can be levied against the trade secret thief and can provide advice and guidance regarding those penalties.