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 Rhode Island, as in all states, intellectual property law is primarily governed by federal statutes, given that the Constitution grants Congress the power to regulate this area. Patents are protected under the United States Patent Act, which provides exclusive rights to inventors for their inventions, including utility patents, design patents, and plant patents. Copyrights are protected under the Copyright Act, which covers original works of authorship such as literature, music, and art. Trademarks are governed by the Lanham Act, which safeguards the names, logos, and other identifying marks of products and companies. Lastly, trade secrets are protected under both the federal Defend Trade Secrets Act (DTSA) and state laws, which in Rhode Island would be the Rhode Island Uniform Trade Secrets Act. These laws protect information that has economic value by not being generally known and is subject to efforts to maintain its secrecy. While federal law provides the primary framework for intellectual property protection, state laws can also play a role, particularly in the enforcement of trade secrets and in providing additional remedies for misappropriation.