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 Massachusetts, 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. Copyright protection is also federally governed by the Copyright Act, which safeguards original works of authorship, including literary, dramatic, musical, and artistic works. Trademarks in Massachusetts can be registered at both the state level with the Secretary of the Commonwealth and at the federal level with the USPTO. State registration provides protection within Massachusetts, while federal registration offers nationwide protection. Trade secrets in Massachusetts are protected under the Massachusetts Uniform Trade Secrets Act, which mirrors the federal Defend Trade Secrets Act. This act provides legal recourse for the misappropriation of trade secrets that are subject to efforts to maintain their secrecy and have economic value because they are not generally known or readily ascertainable.