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 Ohio, 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 safeguards the distinctive names, logos, and symbols that identify and distinguish goods and services in the marketplace. Ohio businesses and individuals may also register trademarks at the state level for additional protection within the state. Trade secrets in Ohio are protected under both the federal Defend Trade Secrets Act (DTSA) and the Ohio Uniform Trade Secrets Act. These laws provide remedies for the misappropriation of confidential business information that gives a company a competitive edge. It's important for creators, inventors, and businesses in Ohio to understand these laws to protect their intellectual property effectively.