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 West Virginia (WV), 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 of new, useful, and non-obvious inventions, including utility patents, design patents, and plant patents. Copyrights are secured under the Copyright Act, which safeguards original works of authorship such as literature, music, and art. Trademarks are governed by the Lanham Act, which protects brand names, logos, and other identifiers from being used by others in a way that could cause consumer confusion. Lastly, trade secrets are protected under both the federal Defend Trade Secrets Act (DTSA) and state laws, which in WV would be the West Virginia Uniform Trade Secrets Act. These laws provide remedies for the misappropriation of confidential and proprietary business information. While federal law provides the primary framework for intellectual property rights, state law can also play a role, particularly in enforcement and in providing additional protections or remedies under certain circumstances.