Question at position 11 Intellectual property requirements to be a Trade Secret include novelty, usefulness, and non-obviousness.TrueFalse

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BlackTom AI · Accepted Answer

Question at position 11 asks about Intellectual property requirements to be a Trade Secret and presents two options: True or False.
Option 1: True. This statement claims that novelty, usefulness, and non-obviousness are required for a trade secret. This is inaccurate because those three criteria are characteristic of patent eligibility, not trade secrets. Patents require novelty, usefulness (operational) and non-obviousness to obtain protection. Trade secrets, on the other hand, do not require novelty or a formal level of inventiveness; instead, they rely on the information being secret and providing economic value from that secrecy. The mere existence of a secret can grant protection as long as reasonable steps are taken to maintain secrecy and others do not independently discover the same secret.
Option 2: False. This option correctly states that the listed criteria (novelty, usefulness, non-obviousness) are not the requirements for a trade secret. For trade secrets, the essential elements are: (1) the information derives independent economic value from being secret, (2) the information is not generally known or readily ascertainable by others, and (3) reasonable measures are taken to maintain its secrecy. These elements distinguish trade secrets from patents and other IP forms. Misconceptions in Option 1 stem from conflating patent criteria with trade secret protections, leading to the incorrect assertion.
In summary, the statement in Option 1 misattributes patent-specific requirements to trade secrets, while Option 2 correctly identifies the trade secret framework centered on secrecy and economic value rather than novelty or non-obviousness.

Question at position 11 Intellectual property requirements to be a Trade Secret include novelty, usefulness, and non-obviousness.TrueFalse

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