Thus the state action would be precluded. As mentioned, e.g., at footnote 209, anything available to general view and not protected by patent or copyright can be legally copied by anyone who wishes. Continue I assume you answered this way because there is no legal limit to the time that trade secrets may exist. If independently created, it will be the second party's trade secret too. In this regard, trade secret protection is very similar to copyrights and very different from patents.
Independent creators infringe patents but neither copyrights nor trade secrets.
This alone goes far toward justifying, e.g., the relatively brief lifetime of patents and the fact that a patentee is under very stringent novelty requirements. If independently created, it will be the second party's trade secret too. In this regard, trade secret protection is very similar to copyrights and very different from patents. Independent creators infringe patents but neither copyrights nor trade secrets. This alone goes far toward justifying, e.g., the relatively brief lifetime of patents and the fact that a patentee is under very stringent novelty requirements.