Open/Close Menu We Help Businesses Protect Their Intellectual Property

Understanding the Fundamental Steps of Implementing  Trade Secret Strategies

In the realm of intellectual property protection, trade secrets play a pivotal role in safeguarding a company’s proprietary information. In the latest episode of Leveraging Inspiration: The Inspired Patent Podcast, host Wayne Carroll delved into the intricacies of protecting trade secrets with Scott Gibson, an esteemed attorney specializing in this domain. The episode shed light on the initial measures essential for implementing a trade secret program, offering invaluable insights into the nuances of trade secret protection.

Identifying the Primary Risks: Employees as the Greatest Threat

The risk of trade secret theft primarily emanates from within the organization itself. Despite concerns about hacking and external security breaches, the most significant threat stems from employees who, albeit inadvertently, take sensitive information with them. This insightful discussion underscores the importance of internal vigilance and diligently crafted protection strategies to counteract potential breaches.

Defining Trade Secrets: Akin to Patent Assessment

The process of defining trade secrets resonates with the initial stages of patent assessment. Just as a patent attorney meticulously examines the uniqueness and patentability of an invention, Scott emphasizes the need to scrutinize and comprehend the trade secrets that warrant protection. This deep understanding is vital in crafting protective agreements that align with the company’s specific intellectual assets.

Collaborating with Experts: A Prudent Move

Scott stresses the significance of seeking expert guidance in delineating trade secrets, considering their inherent value. While businesses might be tempted to embark on a DIY approach, the complexities underlying trade secrets necessitate the involvement of seasoned professionals. This resonates with the sentiment that while it may be possible to pursue individual initiatives, the invaluable insights and expertise offered by specialists can be instrumental in effectively safeguarding trade secrets.

Making Intangible Assets Tangible: A Strategic Imperative

In this episode, Scott alludes to the importance of rendering intangible assets tangible. This concept aligns with leveraging marketing strategies to bolster the perceptibility of intangible delivers. Analogous to branding and marketing intangible services, the process involves endowing trade secrets with identifiable names and features, bolstering their tangibility. By ascribing quantifiable characteristics to these assets, businesses can effectively articulate their unique selling propositions and fortify their competitive positioning.

Constructing Robust Agreements: The Do’s and Don’ts

The episode concludes with the essential elements of nondisclosure agreements and employee contracts. These legally binding agreements serve as the linchpin of trade secret protection, outlining the permissible usage and disclosure of confidential company information. Treading the fine line between empowering employees and safeguarding proprietary insights, these legal instruments are crucial.


The insightful exchange between Wayne Carroll and Scott Gibson lays out the foundational steps vital for protecting trade secrets, firmly establishing the importance of internal vigilance, expert collaboration, and strategic articulation of intangible assets including the do’s and don’ts governing nondisclosure and employment agreements.