Trade Secrets and Commercial Considerations

Abstract

A “trade secret” has been defined as a formula, pattern, device, or compilation of information that is used in a business and gives it an opportunity to obtain an advantage over competitors who do not know or use the secret. In order to constitute a trade secret, the information or knowledge must be used in one’s business. Use in one’s business has been interpreted to mean not only actual commercial use, but also precommercial use and even negative know-how directed to what not to try in order to achieve a particular result.