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 Wisconsin, 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 governed by the United States Patent and Trademark Office (USPTO) under the Patent Act, which provides protection for inventors of new utilities, designs, and plant varieties. Copyright protection, which covers original works of authorship including literature, music, and art, is provided under the Copyright Act and is managed by the Copyright Office. Trademarks, which include brand names and logos, are protected under the Lanham Act and are also overseen by the USPTO. Trade secrets, while also subject to federal law under the Defend Trade Secrets Act (DTSA), can be protected under Wisconsin's own trade secret statutes, which are found in Chapter 134 of the Wisconsin Statutes. These laws protect information that has economic value from not being generally known and that is subject to efforts to maintain its secrecy. An attorney specializing in intellectual property law can provide guidance on the application of these laws and how to secure and enforce IP rights in Wisconsin.