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 New York, 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 United States Patent and Trademark Office (USPTO) and protect inventors of new utilities, designs, and plant varieties. Copyrights, managed by the U.S. Copyright Office, safeguard original works of authorship including literature, music, and art. Trademarks, also overseen by the USPTO, secure the distinctive names, symbols, or marks used to identify goods or services. Trade secrets, while not registered like other forms of intellectual property, are protected under the Uniform Trade Secrets Act, which New York has adopted, and various federal laws such as the Defend Trade Secrets Act (DTSA). New York state law also provides remedies for misappropriation of trade secrets. It's important for creators and businesses to understand these laws to protect their intellectual property effectively.