Intellectual property is the body of law (statutes and court opinions) that protects a person’s original works. There are generally four types of intellectual property: (1) patents; (2) copyrights; (3) trademarks; and (4) trade secrets. For example, patent law protects the works of people who create new utilities for chemicals and machines (utility patents), new designs (design patents), and new plant varieties (plant patents). Copyright law protects new works of authorship such as books, movie scripts, paintings, poetry, and songs. Trademark law protects the names and identifying marks (logos) of products and companies. And trade secrets are pieces of information that have economic value from not being generally known to the public or discoverable by lawful means, and that the owner strives to keep secret.
In California, intellectual property law encompasses the protection of creators' rights across various domains. Patents, governed by federal law, protect inventors of new utilities, designs, and plant varieties, ensuring they have exclusive rights to their inventions for a certain period. Copyrights, also under federal jurisdiction, safeguard original works of authorship, including literature, music, and art, preventing unauthorized use for the life of the author plus 70 years. Trademarks, which can be registered federally or at the state level, protect brand identifiers like names and logos, helping consumers distinguish between products and services. California has specific statutes that complement federal law, such as the California Trademark Law, which offers protection for unregistered marks based on use within the state. Trade secrets, covered by both the California Uniform Trade Secrets Act and federal Defend Trade Secrets Act, protect confidential business information that provides a competitive edge, as long as efforts are made to keep such information secret. These laws collectively aim to foster innovation, creativity, and fair competition by ensuring that intellectual property creators can control and benefit from their creations.