Washington
Washington Trade Secret Laws: UTSA, Remedies & Deadlines
Washington enacted the Washington Uniform Trade Secrets Act in 1981, codified at Wash. Rev. Code §§ 19.108.010 to 19.108.940, making it the first state in the country to pass a statute based on the Uniform Trade Secrets Act framework; the law took effect January 1, 1982. Civil claims for misappropriation must be filed within three years of discovery.
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 guidance on your specific situation, consult a lawyer licensed in Washington. See also our full Trade Secret Laws by State series.
Does Washington have a trade secret law?
Washington enacted the Washington Uniform Trade Secrets Act (WUTSA) in 1981; it took effect January 1, 1982, making Washington the first state to adopt a statute based on the Uniform Trade Secrets Act framework. The WUTSA is codified at Wash. Rev. Code §§ 19.108.010 to 19.108.940. It provides civil remedies for the misappropriation of trade secrets and preempts conflicting common-law claims based on the same facts (RCW 19.108.900). Because Washington's statute predates most other state adoptions of the UTSA by several years, Washington has a comparatively developed body of case law interpreting the definitions and remedies provisions of its trade-secret framework. Washington businesses and individuals may bring misappropriation claims in state court under the WUTSA or, where the secret relates to interstate or foreign commerce, in federal court under the federal Defend Trade Secrets Act.
What counts as a trade secret and misappropriation in Washington?
Under RCW 19.108.010(4), a trade secret is information, including a formula, pattern, compilation, program, device, method, technique, or process, that satisfies two requirements:
- It derives 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.
- It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Both elements are required. Washington courts evaluate the reasonableness of secrecy measures by looking at factors such as the scope of internal access to the information, the existence of confidentiality agreements with employees and contractors, the use of physical or digital access controls, and consistent practices for marking sensitive materials. A trade-secret owner who shares information broadly or fails to take protective measures may lose trade-secret status for that information.
Misappropriation under RCW 19.108.010(2) means acquisition by improper means or disclosure or use without consent by a person who knew or had reason to know the trade secret was acquired through improper means or in breach of a duty of confidentiality. Reverse engineering and independent development are lawful under Washington law and do not constitute misappropriation.
Remedies and the limitations period in Washington
For a proven misappropriation claim under the WUTSA, courts may award:
- Injunctive relief to prevent actual or threatened misappropriation; a court may condition relief on payment of a reasonable royalty in exceptional circumstances rather than prohibiting use entirely (RCW 19.108.020).
- Damages for actual loss caused by the misappropriation plus unjust enrichment not captured in the actual-loss calculation (RCW 19.108.030).
- Exemplary damages up to twice the damages award if misappropriation was willful and malicious (RCW 19.108.030(2)).
- Attorney fees for bad-faith claims or for willful and malicious misappropriation (RCW 19.108.040).
The limitations period is three years from the date the misappropriation was discovered or, by the exercise of reasonable diligence, should have been discovered (RCW 19.108.060). This matches the standard UTSA period. Washington courts apply the discovery rule, meaning that a party with sufficient facts to suspect misappropriation should investigate without delay to preserve its claim within the statutory window.
How the federal DTSA applies in Washington
The federal Defend Trade Secrets Act of 2016, 18 U.S.C. §§ 1836-1839, creates a civil claim in federal court for misappropriation of any trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce. The DTSA does not preempt Washington's WUTSA (18 U.S.C. § 1838), and Washington plaintiffs routinely plead both statutes to maximize available remedies and preserve forum flexibility.
Federal DTSA remedies include injunctions (subject to statutory limits protecting the right to engage in lawful employment), damages or a reasonable royalty, exemplary damages up to twice the award for willful and malicious misappropriation, and attorney fees. An ex parte seizure remedy is available in extraordinary circumstances to prevent a defendant from destroying or disseminating a stolen secret before notice can be given (18 U.S.C. § 1836(b)(2)). The federal limitations period is three years from discovery (18 U.S.C. § 1836(d)), the same as Washington's state period.
Any confidentiality agreement signed or updated after May 11, 2016 must contain a whistleblower-immunity notice as required by 18 U.S.C. § 1833(b)(3). Omitting the notice forfeits the right to seek exemplary damages and attorney fees under the DTSA for claims arising under that agreement. Federal criminal liability may also arise under the Economic Espionage Act, 18 U.S.C. §§ 1831-1832, for intentional theft of trade secrets.
This article presents general legal information only, not legal advice, as of 2026-06-25. Trade secret law requires fact-specific analysis unique to each situation. Consult a lawyer licensed in Washington before taking any legal action.
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Last updated: 2026-06-25.
Frequently Asked Questions
What qualifies as a trade secret under Washington law?
Under RCW 19.108.010(4), information qualifies as a trade secret if it has independent economic value from not being generally known or readily ascertainable and is protected by reasonable secrecy measures. Common examples include proprietary software, customer lists, manufacturing processes, and business strategies.
How long do I have to file a trade secret claim in Washington?
Three years from the date the misappropriation was discovered or, with reasonable diligence, should have been discovered, under RCW 19.108.060. Washington courts apply the discovery rule, so a party with reason to suspect misappropriation should investigate promptly to avoid losing the claim.
What remedies are available under the Washington Uniform Trade Secrets Act?
Courts may award injunctive relief, actual damages plus unjust enrichment or a reasonable royalty, exemplary damages up to twice the award for willful and malicious misappropriation, and attorney fees for bad-faith or willful and malicious conduct (RCW 19.108.020 to 19.108.040).
What steps help protect a trade secret in Washington?
Washington courts consider the totality of secrecy measures taken. Practical steps include using written nondisclosure agreements with employees, contractors, and business partners; restricting access to sensitive information on a need-to-know basis; implementing digital access controls; and consistently marking confidential materials. Maintaining these measures over time strengthens a trade-secret claim.
How does Washington's trade-secret law compare to the federal DTSA?
Both carry a three-year limitations period from discovery and offer similar remedy structures, including exemplary damages and attorney fees. The DTSA adds an ex parte seizure remedy and whistleblower-immunity notice requirements not found in the WUTSA. Washington plaintiffs typically plead both: the DTSA for the federal forum and its unique remedies, and the WUTSA to draw on Washington's established case law from its four decades as the first UTSA-adopting state.
Updates
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The Law Behind This Article
This article rests on 10 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 1832Theft of trade secretsIn forcecited in 28 of our articles
Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly— steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information; without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information; receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; attempts to commit any offense described in paragraphs (1) through (3); or conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Trade Secret Laws by State: UTSA & DTSA (2026), Alabama Trade Secret Laws: UTSA, Remedies & Deadlines, Alaska Trade Secret Laws: UTSA, Remedies & Deadlines
§ 1833Exceptions to prohibitionsIn forcecited in 40 of our articles
This chapter does not prohibit or create a private right of action for— any otherwise lawful activity conducted by a governmental entity of the United States, a State, or a political subdivision of a State; or the disclosure of a trade secret in accordance with subsection (b). An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that— is made— in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual— files any document containing the trade secret under seal; and does not disclose the trade secret, except pursuant to court order.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Arizona Trade Secret Laws: UTSA, Remedies & Deadlines, Arkansas Trade Secret Laws: UTSA, Remedies & Deadlines, California Trade Secret Laws: UTSA, Remedies & Deadlines
§ 1836Civil proceedingsIn forcecited in 52 of our articles
The Attorney General may, in a civil action, obtain appropriate injunctive relief against any violation of this chapter. An owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce. Based on an affidavit or verified complaint satisfying the requirements of this paragraph, the court may, upon ex parte application but only in extraordinary circumstances, issue an order providing for the seizure of property necessary to prevent the propagation or dissemination of the trade secret that is the subject of the action.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Colorado Trade Secret Laws: UTSA, Remedies & Deadlines, Connecticut Trade Secret Laws: UTSA, Remedies & Deadlines, Delaware Trade Secret Laws: UTSA, Remedies & Deadlines
§ 1838Construction with other lawsIn forcecited in 52 of our articles
Except as provided in section 1833(b), this chapter shall not be construed to preempt or displace any other remedies, whether civil or criminal, provided by United States Federal, State, commonwealth, possession, or territory law for the misappropriation of a trade secret, or to affect the otherwise lawful disclosure of information by any Government employee under section 552 of title 5 (commonly known as the Freedom of Information Act).
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: District of Columbia Trade Secret Laws: UTSA, Remedies & Deadlines, Florida Trade Secret Laws: UTSA, Remedies & Deadlines, Georgia Trade Secret Laws: UTSA, Remedies & Deadlines
Revised Code of Washington
§ 19.108.010Definitions.In force
Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter. (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; (2) "Misappropriation" means: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was (A) derived from or through a person who had utilized improper means to acquire it, (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that…
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
§ 19.108.020Remedies for misappropriation—Injunction, royalty.In force
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (2) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited. (3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
§ 19.108.030Remedies for misappropriation—Damages.In force
(1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. (2) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1).
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
§ 19.108.040Award of attorney's fees.In force
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
§ 19.108.060Actions for misappropriation—Time limitation.In force
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
§ 19.108.900Effect of chapter on other law.In force
(1) This chapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret. (2) This chapter does not affect: (a) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or (b) Criminal liability for misappropriation of a trade secret.
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
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Sources and References
- Washington Uniform Trade Secrets Act, Wash. Rev. Code §§ 19.108.010 to 19.108.940(app.leg.wa.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)