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 North Dakota, 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 protected under the United States Patent Act, which provides legal protection for inventors of new utilities, designs, and plant varieties. Copyrights are secured under the Copyright Act, which safeguards authors of original works, including literature, music, and art. Trademarks are governed by the Lanham Act, which ensures protection for distinctive names, symbols, and logos used in commerce to identify the source of goods and services. Lastly, trade secrets are protected under both the North Dakota Uniform Trade Secrets Act and the federal Defend Trade Secrets Act, which provide remedies against the misappropriation of confidential business information that gives a company a competitive edge. While state laws can provide additional remedies and enforcement mechanisms, the overarching framework and protection are derived from federal law.