K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-3320 (2026)

Definitions

✓ current as of May 2026
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60-3320. Definitions. As used in this act, unless the context requires otherwise:

(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:

(i) 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

(ii) disclosure or use of a trade secret of another without express or implied consent by a person who

(A) used improper means to acquire knowledge of the trade secret; or

(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was

(I) derived from or through a person who had utilized improper means to acquire it;

(II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) 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, and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

History: L. 1981, ch. 214, § 1; July 1.

Notes of Decisions
Cited in 66 cases (17 in the last 5 years), 1985–2026 · leading case: Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011).
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Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011). · cites it 5× “Wolfe Electric brought suit against both for misappropriation of trade secrets under the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq. Wolfe Electric also separately alleged Duckworth breached his fiduciary duty and his employment contract, while allegedly…”
API Americas Inc. v. Miller, 380 F. Supp. 3d 1141 (D. Kan. 2019). · cites it 6× “§ 1836 ("DTSA"), and Count VI for violation of the Kansas Uniform Trade Secrets Act, K.S.A. §§ 60-3320, et seq. ("KUTSA")-and on its prayer for attorney's fees under these statutes.”
BioCore, Inc. v. Khosrowshahi, 96 F. Supp. 2d 1221 (D. Kan. 2000). · cites it 10× “The Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq., defines a trade secret as information, including a formula, pattern, compilation, program, -device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not…”
Evolution, Inc. v. SunTrust Bank, 342 F. Supp. 2d 943 (D. Kan. 2004). · cites it 12× “Kan. Stat. Ann. § 60-3320 (4). Misappropriation means: (i) 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 (ii) disclosure or use of a trade secret of another without express or implied…”
Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 147 F. Supp. 2d 1057 (D. Kan. 2001). · cites it 8× “Sut-cliffe from engaging in fair competition, using fair and proper means, to solicit customers of Plaintiffs.”
Universal Engraving, Inc. v. Duarte, 519 F. Supp. 2d 1140 (D. Kan. 2007). · cites it 6× “K.S.A. § 60-3320 (2006). 39 . See Mettler-Toledo, Inc.”
Bradbury Co., Inc. v. Teissier-Ducros, 413 F. Supp. 2d 1209 (D. Kan. 2006). · cites it 7× “Kan. Stat. Ann. § 60-3320 (4). The existence of a trade secret is a question for the trier of fact; however, the plaintiff must produce some evidence showing that the information alleged to be a trade secret meets the definition of a *1222 trade secret.”
US Bioservices Corp. v. Lugo, 595 F. Supp. 2d 1189 (D. Kan. 2009). · cites it 6× “§ 1030 ; misappropriation of trade secrets in violation of K.S.A. § 60-3320; tortious interference with contract and prospective business relations; and breach of contract.”
Progressive Prods., Inc. v. Swartz, 205 P.3d 766 (Kan. Ct. App. 2009). · cites it 9× “Because the district court’s decision to grant relief (whether in the form of royalties or permanent injunction) is necessarily based on the court’s underlying finding of misappropriation, we will address the issue of misappropriation first.”
Progressive Prods., Inc. v. Swartz, 258 P.3d 969 (Kan. 2011). · cites it 4× “: This is an appeal in an action brought under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq. The defendants, former employees of the plaintiff Progressive Products, Inc.”
McKellips v. Kumho Tire Co., 305 F.R.D. 655 (D. Kan. 2015). · cites it 4× “K.S.A. 60-3320(4) defines a “trade secret” as: [information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily…”
Paradigm All., Inc. v. Celeritas Tech., LLC, 659 F. Supp. 2d 1167 (D. Kan. 2009). · cites it 6× “Misappropriation of Trade Secrets (Count IX) Paradigm alleges that Celeritas misappropriated its trade secrets, in violation of K.S.A. § 60-3320, et seq., when it prepared, filed, and prosecuted its patent applications, and by using Paradigm’s trade secrets in creating its own…”
Show all 66 citing cases →
— K.S.A. § 60-3320(1) — 5 cases
Evolution, Inc. v. SunTrust Bank, 342 F. Supp. 2d 943 (D. Kan. 2004). “Kan. Stat. Ann. § 60-3320 (4). Misappropriation means: (i) 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 (ii) disclosure or use of a trade secret of another without express or implied…”
NL Indus., Inc. v. Gulf & W. Indus., Inc., 650 F. Supp. 1115 (D. Kan. 1986).
Dodson Int'l Parts, Inc. v. Altendorf, 347 F. Supp. 2d 997 (D. Kan. 2004).
Vasquez v. Ybarra, 150 F. Supp. 2d 1157 (D. Kan. 2001).
Bradbury Co., Inc. v. Teissier-Ducros, 413 F. Supp. 2d 1209 (D. Kan. 2006). “Kan. Stat. Ann. § 60-3320 (4). The existence of a trade secret is a question for the trier of fact; however, the plaintiff must produce some evidence showing that the information alleged to be a trade secret meets the definition of a *1222 trade secret.”
— K.S.A. § 60-3320(2) — 13 cases
Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011). “Wolfe Electric brought suit against both for misappropriation of trade secrets under the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq. Wolfe Electric also separately alleged Duckworth breached his fiduciary duty and his employment contract, while allegedly…”
BioCore, Inc. v. Khosrowshahi, 96 F. Supp. 2d 1221 (D. Kan. 2000). “The Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq., defines a trade secret as information, including a formula, pattern, compilation, program, -device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not…”
Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 147 F. Supp. 2d 1057 (D. Kan. 2001). “Sut-cliffe from engaging in fair competition, using fair and proper means, to solicit customers of Plaintiffs.”
NL Indus., Inc. v. Gulf & W. Indus., Inc., 650 F. Supp. 1115 (D. Kan. 1986).
Curtis 1000, Inc. v. Pierce, 905 F. Supp. 898 (D. Kan. 1995).
— K.S.A. § 60-3320(2)(i) — 1 case
Sprint Commc'ns Co. L.P. v. Charter Commc'ns, Inc. (D. Kan. 2021).
— K.S.A. § 60-3320(2)(ii)(A) — 1 case
Universal Engraving, Inc. v. Duarte, 519 F. Supp. 2d 1140 (D. Kan. 2007). “K.S.A. § 60-3320 (2006). 39 . See Mettler-Toledo, Inc.”
— K.S.A. § 60-3320(2)(ii)(B)(II) — 1 case
Progressive Prods., Inc. v. Swartz, 205 P.3d 766 (Kan. Ct. App. 2009). “Because the district court’s decision to grant relief (whether in the form of royalties or permanent injunction) is necessarily based on the court’s underlying finding of misappropriation, we will address the issue of misappropriation first.”
— K.S.A. § 60-3320(2)(ii)(C) — 2 cases
Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 147 F. Supp. 2d 1057 (D. Kan. 2001). “Sut-cliffe from engaging in fair competition, using fair and proper means, to solicit customers of Plaintiffs.”
Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 107 F. Supp. 2d 1307 (D. Kan. 2000).
— K.S.A. § 60-3320(3) — 1 case
In Re Marriage of Welliver, 869 P.2d 653 (Kan. 1994).
— K.S.A. § 60-3320(4) — 22 cases
McKellips v. Kumho Tire Co., 305 F.R.D. 655 (D. Kan. 2015). “K.S.A. 60-3320(4) defines a “trade secret” as: [information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily…”
API Americas Inc. v. Miller, 380 F. Supp. 3d 1141 (D. Kan. 2019). “§ 1836 ("DTSA"), and Count VI for violation of the Kansas Uniform Trade Secrets Act, K.S.A. §§ 60-3320, et seq. ("KUTSA")-and on its prayer for attorney's fees under these statutes.”
BioCore, Inc. v. Khosrowshahi, 96 F. Supp. 2d 1221 (D. Kan. 2000). “The Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq., defines a trade secret as information, including a formula, pattern, compilation, program, -device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not…”
Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011). “Wolfe Electric brought suit against both for misappropriation of trade secrets under the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq. Wolfe Electric also separately alleged Duckworth breached his fiduciary duty and his employment contract, while allegedly…”
US Bioservices Corp. v. Lugo, 595 F. Supp. 2d 1189 (D. Kan. 2009). “§ 1030 ; misappropriation of trade secrets in violation of K.S.A. § 60-3320; tortious interference with contract and prospective business relations; and breach of contract.”
— K.S.A. § 60-3320(4)(ii) — 3 cases
Progressive Prods., Inc. v. Swartz, 205 P.3d 766 (Kan. Ct. App. 2009). “Because the district court’s decision to grant relief (whether in the form of royalties or permanent injunction) is necessarily based on the court’s underlying finding of misappropriation, we will address the issue of misappropriation first.”
Progressive Prods., Inc. v. Swartz, 258 P.3d 969 (Kan. 2011). “: This is an appeal in an action brought under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq. The defendants, former employees of the plaintiff Progressive Products, Inc.”
Sprint Commc'ns Co. L.P. v. Charter Commc'ns, Inc. (D. Kan. 2020).
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