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 Maine, as in all states, intellectual property law is primarily governed by federal statutes, as the protection of intellectual property is considered a matter of federal jurisdiction. Patents are governed by the United States Patent and Trademark Office (USPTO) and are 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 (Title 15 of the U.S. Code), which provides protection for distinctive names, logos, and other marks used in commerce. Trade secrets are protected under both state law and the federal Defend Trade Secrets Act (DTSA) of 2016. Maine businesses and creators must adhere to these federal laws, and any disputes or enforcement actions are typically handled in federal courts. However, Maine state law may also provide remedies for misappropriation of trade secrets under the Maine Uniform Trade Secrets Act.