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SESK: Stuff Everyone Should Know · sesk.info/founder-trade-secret-duration

How long can trade secret protection last?

There is no fixed time limit while all elements remain.

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  1. Exactly 20 years
  2. No fixed limit while secrecy requirements continue ✔
  3. Only until the first sale

Why: Trade secret protection can continue without a fixed expiration date. It ends if required elements, such as secrecy or reasonable protection efforts, cease to exist.

Huh, didn't know that: All three legal elements are required: if any one ceases to exist, the trade secret ceases to exist too.

The dad joke
A trade secret never shares its birthday because it avoids expiration talk.
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References

Answer: No fixed limit while secrecy requirements continue. Trade secret protection can continue without a fixed expiration date. It ends if required elements, such as secrecy or reasonable protection efforts, cease to exist.

  1. Trade secret policy www.uspto.gov/ip-policy/trade-secret-policy
    Otherwise, there is no limit on the amount of time a trade secret is protected.
    Checked 2026-10-11.

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