Oregon
Oregon Trade Secret Laws: UTSA, Remedies & Deadlines
Oregon enacted the Oregon Uniform Trade Secrets Act, codified at Or. Rev. Stat. §§ 646.461 to 646.475, in 1987, providing businesses and individuals with a statutory remedy for trade secret misappropriation. A civil action must be brought within three years of the date the misappropriation was discovered, or reasonably should have been discovered (Or. Rev. Stat. § 646.475).
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 Oregon Have a Trade Secret Law?
Oregon enacted its Uniform Trade Secrets Act in 1987, codified at Or. Rev. Stat. §§ 646.461 to 646.475. Oregon's Act is modeled on the Uniform Trade Secrets Act (UTSA) developed by the Uniform Law Commission and replaced the state's prior common-law misappropriation framework with a unified statutory cause of action. The Act provides Oregon businesses with predictable definitions, a structured set of remedies, and express preemption of duplicative tort claims arising from the same misappropriation conduct. Oregon courts interpreting the Act look to UTSA commentary and to decisions from other UTSA-adopting states as persuasive authority, given the Act's directive in Or. Rev. Stat. § 646.473 to apply it to make uniform the law among adopting states. Oregon businesses also have access to the federal Defend Trade Secrets Act of 2016 as a supplementary federal remedy.
What Counts as a Trade Secret and Misappropriation Under Oregon Law?
Under Or. Rev. Stat. § 646.461, 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.
Oregon courts assess whether protective measures are reasonable by examining the totality of what the owner actually did. Recognized steps include requiring employees, contractors, and vendors to sign nondisclosure agreements; limiting access to sensitive materials on a need-to-know basis; marking documents and digital files as proprietary or confidential; and implementing password protections and other access controls. A business need not pursue every possible safeguard, but must demonstrate deliberate and consistent effort to guard the information from disclosure.
Misappropriation under § 646.461 means acquiring a trade secret by improper means, which includes 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. The statute expressly recognizes that reverse engineering and independent derivation are proper means and therefore do not constitute misappropriation.
Remedies and the Limitations Period Under Oregon Law
A civil action under the Oregon Uniform Trade Secrets Act must be filed within three years after the misappropriation was discovered or should have been discovered through the exercise of reasonable diligence (Or. Rev. Stat. § 646.475). The three-year period aligns with the UTSA baseline and the federal DTSA's limitations period under 18 U.S.C. § 1836(d). Oregon applies a discovery rule, so the limitations period begins when the owner knew or had reason to know misappropriation occurred, not necessarily when the underlying act took place.
Available remedies under the Oregon Act include:
- Injunctive relief (§ 646.463): A court may enjoin actual or threatened misappropriation and may extend an injunction to eliminate any commercial advantage that otherwise would be derived from the misappropriation. Where an injunction would be inequitable, the court may permit continued use subject to payment of a reasonable royalty.
- Damages (§ 646.465): A prevailing claimant may recover actual loss caused by the misappropriation plus unjust enrichment not captured by the actual-loss calculation. Where neither measure is provable with sufficient certainty, the court may award a reasonable royalty for unauthorized disclosure or use.
- Exemplary damages (§ 646.465): When the misappropriation is willful and malicious, the court may award exemplary damages up to twice the compensatory damages.
- Attorney fees (§ 646.467): 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 Or. Rev. Stat. § 646.471, the Act displaces conflicting civil claims for misappropriation of a trade secret, directing those disputes to the statutory framework. Contract claims, criminal liability, and civil remedies not based on misappropriation are not affected.
How the Federal DTSA Applies in Oregon
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 Oregon Act (18 U.S.C. § 1838), so Oregon trade-secret owners may plead both statutes simultaneously, commonly in federal district court.
Key DTSA provisions applicable in Oregon:
- Limitations: three years from discovery (18 U.S.C. § 1836(d)), identical to the state period under Or. Rev. Stat. § 646.475.
- 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 Oregon may also be prosecuted under the federal Economic Espionage Act, 18 U.S.C. §§ 1831-1832.
This article presents general legal information about Oregon 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 Oregon 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 Oregon law?
Under Or. Rev. Stat. § 646.461, 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 Oregon?
Under Or. Rev. Stat. § 646.475, 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 Oregon?
Oregon law 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 (Or. Rev. Stat. §§ 646.463-646.467).
Do nondisclosure agreements help protect trade secrets in Oregon?
Yes. Oregon courts consider whether the owner took reasonable efforts to maintain secrecy, and a well-drafted NDA is strong evidence of those efforts. 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 Oregon businesses bring both an Oregon state claim and a federal DTSA claim?
Yes. The DTSA does not preempt the Oregon Uniform Trade Secrets Act (18 U.S.C. § 1838), so Oregon trade-secret owners may assert both claims simultaneously, 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
- Oregon Uniform Trade Secrets Act, Or. Rev. Stat. §§ 646.461 to 646.475(oregonlegislature.gov).gov
- 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)