Intellectual Property
Patents, trademarks, copyrights
Overview
Intellectual property law protects creations of the mind, including inventions, artistic works, brand identifiers, and trade secrets. The four main categories are patents, copyrights, trademarks, and trade secrets, each governed by distinct legal frameworks.
Patent law (Title 35) grants inventors exclusive rights for 20 years (utility patents) or 15 years (design patents) in exchange for public disclosure. The America Invents Act of 2011 switched the U.S. to a first-inventor-to-file system. Copyright law (Title 17) protects original works of authorship for the author's life plus 70 years, covering literature, music, software, and art. The DMCA addresses digital copyright issues.
Trademark law (the Lanham Act) protects brand names, logos, and other source identifiers used in commerce. Registration with the USPTO provides national protection, but trademark rights can also arise from use alone. Trade secret law, governed by the Defend Trade Secrets Act of 2016 and state versions of the Uniform Trade Secrets Act, protects confidential business information that derives value from its secrecy.
Key Federal Laws
- •Patent Act (35 U.S.C.)
- •Copyright Act (17 U.S.C.)
- •Lanham Act — Trademarks (15 U.S.C. § 1051 et seq.)
- •Defend Trade Secrets Act (18 U.S.C. § 1836)
- •Digital Millennium Copyright Act (17 U.S.C. § 512)
Key Cases
- •Alice Corp. v. CLS Bank (2014) — Software patent eligibility
- •Google v. Oracle (2021) — Fair use of software APIs
- •Star Athletica v. Varsity Brands (2017) — Copyright in design
- •Matal v. Tam (2017) — Disparaging trademarks and free speech
- •eBay Inc. v. MercExchange (2006) — Patent injunctions
State Variations
While patent and copyright are exclusively federal, trademark and trade secret law have significant state components. State trademark registration supplements federal registration. Trade secret law varies by state, with most adopting some version of the Uniform Trade Secrets Act but with notable differences in definitions and remedies. Non-compete agreement enforceability differs dramatically, affecting trade secret protection strategies. Right of publicity laws, which protect against unauthorized commercial use of one's name or likeness, are entirely state-based.
Frequently Asked Questions
What is the difference between a patent, copyright, and trademark?
Patents protect inventions and functional innovations for 20 years. Copyrights protect original creative works (books, music, art, software) for the author's lifetime plus 70 years. Trademarks protect brand identifiers (names, logos, slogans) used in commerce and can last indefinitely with continued use. Each protects different aspects of intellectual creation and requires different registration processes.
What qualifies as fair use of copyrighted material?
Fair use allows limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, and research. Courts consider four factors: the purpose and character of the use (transformative use favored), the nature of the copyrighted work, the amount used relative to the whole, and the effect on the market for the original. Fair use is determined case-by-case; there is no bright-line rule.
Compare Intellectual Property Across States
See how different states handle intellectual property side by side.
Compare States