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Trade Secret Protection

National Trade Secret Lawyers 

Protecting Trade Secrets in Colorado Springs and Across the U.S.

Every business protects key information that contributes to its success and distinguishes it from competitors. In the context of business law, these are called trade secrets

Trade secrets vary depending on the industry, but some examples include: 

  • Software code
  • Financial account records
  • Formulas
  • Data strategies
  • Computer algorithms 
  • Inventions and products awaiting patents

With current technology, confidential information can be exposed quickly and easily. The trade secrets attorneys at Martensen IP each have over 20 years of experience helping clients secure their intellectual property and protect their position in the marketplace. We work with you to create documents and establish procedures that keep your most valuable information confidential. 

Call us at (719) 417-8709 to schedule a consultation with our trade secret attorneys, or send us a message using our contact form

Protecting Trade Secrets

Information does not stay secure on its own. To qualify as legally protected trade secrets, your business must use certain procedures and follow specific rules. These steps include using nondisclosure agreements (NDAs), confidentiality contracts, non-compete agreements, and policies for handling confidential information. 

To strengthen trade secret protection, Colorado businesses often conduct regular audits of internal protocols, train employees about confidential information, and manage access controls according to job roles. Updating policies to reflect state and federal law changes helps businesses keep protections effective. In Colorado, the Uniform Trade Secrets Act sets requirements and outlines remedies for misappropriation claims. Staying updated about local regulations helps maintain a strong protection framework.

Without clear safeguards, a court may refuse to protect the information you want to keep confidential. If this happens, your trade secrets could be shared, which harms your company’s competitive advantage. 

Martensen IP values the role trade secrets play in business valuation. A company’s ability to capture, maximize, and protect its advantages links directly to its value. Trade secret protections support those advantages by stopping other businesses from using the codes, algorithms, formulas, marketing strategies, or other solutions that make your company successful. 

Defending Your Intellectual Property

At Martensen IPMartensen IP, our team of experienced trade secrets attorneys is dedicated to protecting your intellectual property rights. Whether you need help with trade secret protection, enforcement, or litigation, we have the knowledge and resources to guide you through the process.

Trade secret issues need a prompt response. When you suspect someone has misused confidential information, acting quickly can help prevent further harm and strengthen your legal options under Colorado law. Our attorneys examine the facts, help document possible violations, and work to protect your assets from unauthorized disclosure or use. We advise on steps to take if you discover a breach, such as preserving digital evidence, notifying appropriate parties, and reviewing available remedies. Our team keeps up with Colorado court decisions, so we advise clients using the latest standards for evidence and legal procedure.

Our trade secret services include:

  • Trade secret audits to identify and protect valuable information
  • Drafting and negotiating confidentiality agreements
  • Enforcing trade secret rights through legal action
  • Litigating trade secret disputes in court

Don't leave your intellectual property vulnerable to theft or misuse. Contact Martensen IP to learn how we can help safeguard your trade secrets and preserve your competitive advantage.

The Colorado Uniform Trade Secrets Act: What Businesses Need to Know

The Colorado Uniform Trade Secrets Act (C.R.S. § 7-74-101 et seq.) shapes how courts and businesses address trade secrets in the state. This law defines which information qualifies for trade secret protection and outlines the legal actions available in cases of misappropriation. Whether you operate in Colorado Springs or serve clients across the Front Range, your business must follow state law to safeguard confidential information and pursue legal remedies when needed.

If someone uses your confidential information without permission, Colorado law gives you the ability to seek monetary damages. In some cases, you can also request an order to stop further use or disclosure. Courts may award attorney fees for certain violations. Knowing what remedies and timelines state law provides helps business owners decide how to enforce their rights and protect valuable assets. Martensen IP draws on decades of experience with Colorado trade secrets cases and tailors advice that accounts for both legal requirements and industry standards.

Common Risks & Challenges Facing Colorado Businesses

Businesses throughout Colorado encounter unique challenges when protecting trade secrets. The state's expanding tech, aerospace, and defense sectors compete for highly skilled employees, which makes controlling access to confidential data more complex when workers move between companies. In industries where collaboration and partnerships are common, the risk of unintentional information sharing grows, especially without sound policies and contracts.

High employee turnover, remote work, and joint ventures lead to greater exposure to potential leaks. Colorado law expects companies to use practical measures—like restricting access to key data, offering regular training, and relying on written agreements tailored to state requirements. Failing to update your business policies or address new risks can weaken your claim to trade secret status in court. By working with professionals familiar with Colorado legal standards, companies can adapt to changing threats and make informed choices about preserving the value of their confidential information.

How Do I Determine If Information Should Be Classified As a Trade Secret or Patented Instead?

Deciding whether to keep information as a trade secret or apply for patent protection depends on several key factors. At Martensen IP, our national trade secrets lawyers help clients choose the best strategy to protect their intellectual property.

Trade Secrets

  • Definition: Trade secrets include formulas, practices, designs, processes, or any confidential business information that provides a competitive edge.
  • Duration: Trade secrets can last indefinitely, as long as they remain confidential.
  • Disclosure: They do not require public disclosure, allowing your methods or data to stay private.
  • Protection: Requires robust internal measures to maintain secrecy, such as non-disclosure agreements (NDAs) and restricted access.

Patents

  • Definition: Patents protect inventions and grant the holder exclusive rights to use, sell, and license the invention for a set period.
  • Duration: Typically lasts 20 years from the filing date.
  • Disclosure: Requires full public disclosure of the invention, detailing how it works and how it is made.
  • Protection: Offers legal recourse against unauthorized use but requires regular maintenance fees.

If you think your innovation could be reverse-engineered easily or if keeping it secret long-term is not practical, a patent might fit your needs better. If secrecy is possible and the value lies in keeping information confidential, classifying it as a trade secret may be the smartest approach.

For tailored advice, contact Martensen IP. Our Colorado Springs trade secrets attorneys serve clients nationwide and can help you make informed decisions. Call our trade secrets lawyers at (719) 417-8709 for guidance.

Contact Our Trade Secret Attorneys

As trade secret advisors, Martensen IP’s legal team guides businesses on the policies and procedures that can increase their value. We provide advice based on a close understanding of your company, best business practices, and our broad legal knowledge. With decades of relevant experience from large law firms in Silicon Valley and Colorado, along with years of government service, our lawyers bring legal and business insight to your benefit. 

Businesses in Colorado Springs and throughout the state face specific challenges because of the region’s strong defense, technology, and aerospace industries. Our team understands the pace of change in the Colorado market, so we tailor our legal recommendations to address shifts in state regulations. Our attorneys also stay active in legal education and policy discussions across Colorado, which allows us to anticipate developments that affect trade secret protection for local businesses.

At Martensen IP, our attorneys help you determine what information may qualify as a trade secret and set up a framework to protect it. From drafting contracts to building data-handling policies, we use a wide range of strategies to safeguard the information that enhances your business value. 

If you’re ready to secure your competitive advantage, contact our trade secret lawyers by calling (719) 417-8709

FAQs

What is considered a trade secret under Colorado law?

A trade secret in Colorado covers information such as formulas, patterns, compilations, programs, devices, methods, or processes that have economic value from not being generally known and that the business works to keep confidential.

How long does trade secret protection last in Colorado?

Trade secret protection in Colorado continues as long as the information remains confidential and you take reasonable steps to protect it. There is no set expiration date.

What steps can I take if I believe my trade secret has been misused?

If you think someone misused your trade secret, you can consult legal counsel to evaluate your options. These may include gathering evidence and reviewing available legal actions for protection or recovery under the Colorado Uniform Trade Secrets Act.

    It is a real pleasure to work with such professionals.
    “Together we’ve filed for and been awarded several patents throughout the world, with Martensen taking on the vast majority of the preparation workload.”
    - Mik Farley, ICON Aircraft
    Keen ability to target and successfully capture IP concepts for further development.
    “Keen ability to target and successfully capture IP concepts for further development.”
    - David Bruemmer, 5D Robotics
    Extremely well-versed in IP law.
    “Navigated our patent applications from complex technology to award. Mike’s global associates helped inform and execute our global strategy.”
    - Julie Zinn, Spirae
    Equally comfortable engaging technical or business issues and framing them to fit the goals of the company.
    “Trusted counsel who distills complex technology and legal matters into simple terms.”
    - Richard Kinsman, TERSUS
    Mike has the experience and pragmatism to be an invaluable addition to your team.
    “Tremendously useful to get advice from someone who thinks beyond the pure legal calculus and works well with business people.”
    - Jay Jesse, Intelligent Software Solutions
    Martensen IP is an excellent Intellectual Property firm that has assisted on numerous occasions with a variety of topics.
    “Working with them is a pleasure and they are always on top of the various deadlines associated with our IP needs.”
    - Leif Ullman, CEO, KidReports
    Our international patent strategies need smart—and affordable—decisions.
    “We trust you to guide us through these challenging journeys.”
    - Steen Strand, ICON Aircraft
    Respected in courts which is key to any successful transaction.
    “AWESOME GROUP TO WORK WITH! Knows their stuff backward and forwards and doesn't lead you on.”
    - Eric S.
    He was so professional, so respectful, and full of valuable knowledge and wisdom. Wonderful.
    “Above and beyond with their kindness and willingness to speak to you about your situation even before setting up a consultation. This tells me that they have a heart to serve.”
    - Serenity P.

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (719) 417-8709.

  • Click here to see our Acceptable Use Policy
  • We Maintain A Record of Success in Achieving Patent Coverage
    Every attorney has 20+ years of experience and has drafted and prosecuted hundreds of successful patent applications.
  • We Function At The Intersection Of Business, Law And Technology

    Our experience and knowledge converge at the intersection of intellectual property and government contracting. We are uniquely positioned not just as a provider of technical counsel, but also as part of business advisory teams.

  • We Provide Superior Legal Guidance and Value
    Experience in numerous business and engineering disciplines creates a knowledge base that makes it possible for our attorneys to assist clients in situations where IP legal advice only makes sense if placed within the context of a client’s complete business strategy.
  • We Develop Strategies to Enhance Competitive Advantage
    We come up with great IP strategies to enhance our client’s competitive advantage but recognize that the technology will change, the environment will change, the competition will change and so will our plan; we’re ready.
  • We Understand Technology & How To Protect Your IP
    Clients benefit from the collective background of our intellectual property attorneys, which includes scientific and engineering expertise, large law firm experience and prior contracting experience with the U.S. Department of Defense.