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 South 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 governed by the U.S. Patent Act and issued by the U.S. Patent and Trademark Office (USPTO); they protect inventors of new utilities, designs, and plant varieties. Copyrights are protected under the U.S. Copyright Act, which covers original works of authorship including literature, music, and art. Trademarks are also registered through the USPTO and protect distinctive names, symbols, and slogans used in commerce. Trade secrets, while not registered like other forms of intellectual property, are protected under the Uniform Trade Secrets Act, which South Dakota has adopted, as well as the federal Defend Trade Secrets Act. These laws provide legal recourse for the misappropriation of confidential business information that gives a competitive edge. An attorney specializing in intellectual property can provide specific guidance and representation to ensure the protection and enforcement of these rights in South Dakota.