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; in the alternative, a reasonable royalty for the period of unauthorized use (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.
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)