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 Illinois, as in other states, intellectual property law is primarily governed by federal statutes, due to the interstate and international nature of IP. Patents are protected under the United States Patent Act, which provides exclusive rights to inventors for their inventions, including utility patents, design patents, and plant patents. Copyrights are protected under the Copyright Act, which covers original works of authorship such as literature, music, and art. Trademarks are governed by the Lanham Act, which protects brand names, logos, and other identifiers from being used by others in a way that could cause consumer confusion. Lastly, trade secrets are protected under both the Illinois Trade Secrets Act and the federal Defend Trade Secrets Act, which safeguard business information that derives value from not being generally known and is subject to reasonable efforts to maintain its secrecy. While federal law provides the primary framework for intellectual property rights, state laws can also play a role, particularly in enforcement and in providing additional remedies for misappropriation or infringement.