Re:Gene patents probably dead worldwide following Australian...
by adebtlawyer on Saturday October 10, 2015 @01:18PM
(#10366156)
They could exist without protection from the legal system, but to the extent that they are protected by courts, they are a legal construct. In the US, there is more to them than 'things you aren't telling anyone' and you are not necessarily without legal remedy if someone finds out your trade secret.
Trade secrets, unlike patents and copyrights, are not a legal construct. They're just things you aren't telling anyone.