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 Utah, as in all states, intellectual property law is primarily governed by federal statutes, as the protection of intellectual property is considered a matter of 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, which are managed by the U.S. Copyright Office, safeguard original works of authorship including literature, music, and art. Trademarks, also overseen by the USPTO, protect brand names, logos, and other identifiers that distinguish goods and services in the marketplace. Lastly, trade secrets, which do not have a dedicated federal statute, are protected under the Uniform Trade Secrets Act (UTSA), which has been adopted by Utah, and the federal Defend Trade Secrets Act (DTSA). These laws provide legal recourse for the misappropriation of confidential business information that gives a competitive edge. An attorney specializing in intellectual property law can provide guidance on obtaining and enforcing these rights in Utah.