Oklahoma
Oklahoma Trade Secret Laws: UTSA, Remedies & Deadlines
Oklahoma enacted the Oklahoma Uniform Trade Secrets Act (OUTSA), codified at Okla. Stat. tit. 78, §§ 85 to 94, in 1986, giving businesses and individuals a statutory remedy for trade secret misappropriation. Civil claims must be filed within three years of the date the misappropriation was discovered, or reasonably should have been discovered (Okla. Stat. tit. 78, § 91).
This guide is part of our Trade Secret Laws by State series.
Information last verified on 2026-06-25. This article presents general legal information, not legal advice. For a full overview of trade secret protection across all jurisdictions, see Trade Secret Laws by State.
Does Oklahoma Have a Trade Secret Law?
Oklahoma enacted the Oklahoma Uniform Trade Secrets Act in 1986, codified at Okla. Stat. tit. 78, §§ 85 to 94. The OUTSA is modeled on the Uniform Trade Secrets Act (UTSA) developed by the Uniform Law Commission and replaced Oklahoma's prior common-law approach to trade secret misappropriation claims. The Act creates a defined statutory cause of action, establishes a clear set of remedies, and channels all civil trade-secret disputes to a unified framework. Oklahoma courts applying the OUTSA look to UTSA commentary and to decisions from other UTSA-adopting states as persuasive authority, consistent with § 93's directive to promote uniformity among the states. Oklahoma businesses also have independent access to the federal Defend Trade Secrets Act of 2016, which layers a federal civil remedy on top of state law without displacing the OUTSA.
What Counts as a Trade Secret and Misappropriation Under the OUTSA?
Under Okla. Stat. tit. 78, § 86, a trade secret is information, including a formula, pattern, compilation, program, device, method, technique, or process, that satisfies two requirements. First, the information must derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Second, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Oklahoma courts examine the totality of protective measures when assessing reasonableness. Commonly recognized steps include requiring employees and contractors to sign nondisclosure agreements, restricting access to sensitive information on a need-to-know basis, marking documents and files as confidential or proprietary, and implementing digital access controls. A business need not take every conceivable precaution, but must show consistent and deliberate effort to guard the information.
Misappropriation under § 86 means acquiring a trade secret by improper means, which the statute defines to include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage. Misappropriation also means disclosing or using a trade secret without consent when the discloser acquired it through improper means, knew or had reason to know the secret was obtained through improper means, or had a specific duty to maintain secrecy and breached that duty. Section 86 confirms that reverse engineering and independent development are proper means and therefore do not constitute misappropriation under the OUTSA.
Remedies and the Limitations Period Under the OUTSA
A civil claim under the OUTSA must be filed within three years after the claimant discovered, or by the exercise of reasonable diligence should have discovered, the misappropriation (Okla. Stat. tit. 78, § 91). The three-year period matches the UTSA baseline and the federal DTSA's limitations period under 18 U.S.C. § 1836(d). Oklahoma applies a discovery rule, so the clock starts when the owner knew or had reason to know that misappropriation occurred, not necessarily when the underlying act took place.
Available remedies under the OUTSA include:
- Injunctive relief (§ 87): A court may enjoin actual or threatened misappropriation and may extend an injunction to eliminate any commercial advantage derived from the misappropriation. Where injunctive relief would be inequitable, the court may condition continued use on payment of a reasonable royalty.
- Damages (§ 88): A prevailing claimant may recover actual loss caused by the misappropriation plus unjust enrichment not captured in the actual-loss figure. Where neither measure is provable with sufficient certainty, the court may award a reasonable royalty for unauthorized use.
- Exemplary damages (§ 88): When the misappropriation is willful and malicious, the court may award exemplary damages up to twice the compensatory damages.
- Attorney fees (§ 89): Available to the prevailing party when a claim of misappropriation is made in bad faith, when a motion to terminate an injunction is made or resisted in bad faith, or when willful and malicious misappropriation is found.
Under § 92, the OUTSA displaces conflicting tort claims for civil liability based on misappropriation of a trade secret, channeling those disputes to the statutory framework. Contract claims, criminal liability, and civil remedies not based on misappropriation are unaffected.
How the Federal DTSA Applies in Oklahoma
The Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839, enacted in May 2016, creates a federal civil cause of action for trade secret misappropriation when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce. The DTSA does not preempt the OUTSA (18 U.S.C. § 1838), so Oklahoma trade-secret owners may plead both statutes simultaneously, commonly in federal district court.
Key DTSA provisions applicable in Oklahoma:
- Limitations: three years from discovery (18 U.S.C. § 1836(d)), identical to the state period under § 91.
- Remedies: injunctive relief, actual damages plus unjust enrichment or a reasonable royalty, exemplary damages up to twice the compensatory award for willful and malicious misappropriation, and attorney fees for bad-faith claims or willful and malicious conduct (§ 1836(b)(3)).
- Ex parte seizure: in extraordinary circumstances a federal court may authorize seizure of property to prevent propagation or dissemination of a trade secret (§ 1836(b)(2)).
- Whistleblower immunity and notice: individuals who confidentially disclose a trade secret to a government official or attorney to report a suspected legal violation are immune from DTSA and state trade-secret liability (§ 1833(b)(1)). Confidentiality or nondisclosure agreements signed or updated after May 11, 2016 must include written notice of this immunity; omitting it forfeits the right to exemplary DTSA damages and attorney fees in any action tied to that agreement (§ 1833(b)(3)).
Criminal trade-secret theft in Oklahoma may also be prosecuted under the federal Economic Espionage Act, 18 U.S.C. §§ 1831-1832.
This article presents general legal information about Oklahoma trade secret law as of 2026-06-25 and is not legal advice. Trade secret matters involve detailed factual and legal analysis that varies by situation; consult a licensed Oklahoma attorney for guidance specific to your circumstances.
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Last updated: 2026-06-25.
Frequently Asked Questions
What qualifies as a trade secret under Oklahoma law?
Under Okla. Stat. tit. 78, § 86, information qualifies as a trade secret if it derives independent economic value from not being generally known or readily ascertainable by proper means, and if the owner takes efforts reasonable under the circumstances to maintain its secrecy. Protected information may include formulas, patterns, compilations, programs, devices, methods, techniques, and processes.
How long do I have to file a trade secret lawsuit in Oklahoma?
Under Okla. Stat. tit. 78, § 91, you have three years from the date you discovered or reasonably should have discovered the misappropriation. The same three-year period applies under the federal Defend Trade Secrets Act (18 U.S.C. § 1836(d)), so both clocks run concurrently if you plead both statutes.
What remedies are available for trade secret misappropriation in Oklahoma?
The OUTSA provides injunctive relief, damages for actual loss plus unjust enrichment or a reasonable royalty, up to twice the compensatory damages for willful and malicious misappropriation, and attorney fees when a claim or defense is made in bad faith or the misappropriation is willful and malicious (Okla. Stat. tit. 78, §§ 87-89).
Do nondisclosure agreements help protect trade secrets in Oklahoma?
Yes. Oklahoma courts consider whether the owner took reasonable efforts to maintain secrecy, and a properly drafted NDA is strong evidence of that. Under the federal DTSA, any NDA or confidentiality agreement signed or updated after May 11, 2016 must include a whistleblower-immunity notice, or the employer forfeits the right to seek exemplary DTSA damages and attorney fees in a federal action tied to that agreement.
Can Oklahoma businesses bring both an OUTSA claim and a federal DTSA claim?
Yes. The DTSA does not preempt the OUTSA (18 U.S.C. § 1838), so Oklahoma trade-secret owners may assert both claims in the same lawsuit, typically in federal district court when the misappropriation involves interstate or foreign commerce. Both carry a three-year limitations period from discovery, and the remedial frameworks are substantially parallel.
Sources and References
- Oklahoma Uniform Trade Secrets Act, Okla. Stat. tit. 78, §§ 85 to 94(oscn.net)
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
- Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
- Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)