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What Qualifies as a Trade Secret Under Massachusetts Law?

Trade secrets are a unique form of intellectual property that are defined by their value and secrecy, not by any legal filing for trade secret protection.

A trade secret under Massachusetts law is defined as "specified or specifiable information" that meets two tests:
  • The information provides actual or potential economic advantage or value from not being generally known or readily ascertainable by others;
  • The information was subject to reasonable measures by the company to protect it against being acquired, disclosed, or used without consent.
Many things that would not qualify for patent protection because they are not sufficiently novel can still be protected as trade secrets, if they provide value and are carefully guarded by the company that owns them.

If you have trade secrets and somebody misappropriates them, you may bring a claim for trade secret misappropriation, in some cases even if you do not have an underlying confidentiality agreement with the person who took or used them.



Learn more here about trade secrets under Massachusetts law.

Need Help With a Trade Secret Question?

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs