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 Idaho, as in all states, intellectual property law is primarily governed by federal statutes, as the creation and enforcement of intellectual property rights are largely under federal jurisdiction. Patents are governed by the United States Patent and Trademark Office (USPTO) and protected under the Patent Act (Title 35 of the United States Code). Copyrights are protected under the Copyright Act (Title 17 of the U.S. Code), which covers original works of authorship. Trademarks are protected under the Lanham Act (15 U.S.C. §§ 1051 et seq.), which covers distinctive marks, names, and logos. Trade secrets in Idaho are protected under both the Idaho Trade Secrets Act (Idaho Code §§ 48-801 through 48-808) and the federal Defend Trade Secrets Act of 2016. These laws provide a framework for the protection of proprietary information that has economic value and is subject to efforts to maintain its secrecy. While federal law provides the basis for intellectual property rights, state law can also play a role, particularly in the enforcement of trade secrets and in providing remedies for misappropriation.