Is an idea protected as a property right?

In our opinion, New York law dictates that an idea, whether embodied in a product and called a trade secret or otherwise reduced to concrete form, must demonstrate novelty and originality to be protectible as a property right under "[any] cause of action for [its] unauthorized use." Murray v. National Broadcasting Co., 844 F.2d 988, 994 (2d Cir.), cert. denied, 488 U.S. 955, 109 S.Ct. 391, 102 L.Ed.2d 380 (1988); see infra at 3908-09. Only once that threshold finding, which we believe is a mixed question of law and fact, see, e.g., Murray v. National Broadcasting Co., 844 F.2d at 994, has been made should a court proceed or allow a jury to determine both whether the idea was disclosed to the defendant in a confidential or contractual relationship and whether, in violation thereof, the defendant used the idea. This holding, moreover, is by no means remarkable.