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 Kansas, 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 U.S. Patent Act and administered by the United States Patent and Trademark Office (USPTO). They protect inventors of new utilities, designs, and plant varieties. Copyrights, which are protected under the U.S. Copyright Act, cover original works of authorship including literature, music, and art. Trademarks, also overseen by the USPTO, safeguard the distinctive names, logos, and symbols that identify goods and services. Lastly, trade secrets are protected under the Uniform Trade Secrets Act, which Kansas has adopted, as well as the federal Defend Trade Secrets Act. This body of law protects confidential business information that provides a competitive edge. While state law can play a role in enforcement and in providing additional remedies, the overarching principles and regulations of intellectual property in Kansas align with federal law.