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 Nevada, as in all states, intellectual property law is primarily governed by federal statutes, due to the interstate and often international nature of IP. Patents are protected under the United States Patent Act, which provides exclusive rights to inventors of new, useful, and non-obvious inventions, including utility patents, design patents, and plant patents. Copyrights are secured under the Copyright Act, which grants protection to original works of authorship, ranging from literature to art and music. 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 both by the federal Defend Trade Secrets Act (DTSA) and Nevada state law, specifically under the Nevada Uniform Trade Secrets Act, which mirrors the DTSA in providing legal recourse for misappropriation of trade secrets. Nevada businesses and creators rely on these laws to safeguard their intellectual property and maintain competitive advantages.