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 Florida, intellectual property law is governed by both federal statutes and state-specific regulations. Patents are exclusively under federal jurisdiction, with the United States Patent and Trademark Office (USPTO) overseeing the issuance of utility, design, and plant patents. Copyrights are also governed federally by the Copyright Act, which protects original works of authorship, including literary, dramatic, musical, and artistic works. Trademarks may be registered federally with the USPTO or at the state level with the Florida Department of State, Division of Corporations. Florida's trademark laws protect the distinctive names, symbols, and logos used in commerce within the state. Trade secrets in Florida are protected under the Florida Uniform Trade Secrets Act, which mirrors the federal Defend Trade Secrets Act, providing legal recourse for the misappropriation of trade secrets. An attorney can provide guidance on how to secure and enforce these intellectual property rights within Florida and beyond.