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 Vermont, as in all states, intellectual property law is primarily governed by federal statutes, as the U.S. Constitution grants Congress the power to establish laws on intellectual property. Patents are governed by the United States Patent and Trademark Office (USPTO) and protected under the Patent Act (Title 35 of the United States Code). Copyrights are protected under the Copyright Act (Title 17 of the U.S. Code), which covers original works of authorship. Trademarks are protected under the Lanham Act (Title 15 of the U.S. Code), which provides protection for distinctive names, logos, and other marks used in commerce. Trade secrets are protected both by the federal Defend Trade Secrets Act (DTSA) and state laws, which in Vermont would be the Vermont Uniform Trade Secrets Act. 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 civil remedies for misappropriation or infringement.