Intellectual property is a broad category of property (and the related rights) the law recognizes to enforce ownership of creative inventions—often said to be creations of the mind or of human intellect—including patents, copyrights, trademarks, and trade secrets.

Intellectual property is sometimes referred to as intangible property or rights because it often exists in a person’s mind as an intangible creation of human innovation rather than in the traditional physical forms of real property (real estate) and personal property (personal belongings).

Despite often being created and protected in intangible form in the human mind, intellectual property is often converted to a more physical or tangible form—such as when a song is written on paper or in electronic format on a computer; when a company’s trademark is placed on its website or products; or when a patented process or design is embodied in a piece of machinery or equipment.

In Alabama, as in all states, intellectual property laws are designed to protect the rights of creators and innovators by recognizing their ownership over their unique creations. Intellectual property encompasses various categories, including patents, copyrights, trademarks, and trade secrets. Patents, governed by federal law, protect inventions and are issued by the U.S. Patent and Trademark Office (USPTO). Copyrights, also under federal jurisdiction, protect original works of authorship such as literature, music, and art. Trademarks protect symbols, names, and slogans used to identify goods or services, and can be registered at both the state and federal levels. Trade secrets involve confidential business information that provides a competitive edge. While intellectual property often originates as an intangible asset, it gains economic value when expressed in a tangible form, such as a product or digital media. Alabama businesses and creators must navigate both state and federal laws to ensure their intellectual property is adequately protected. It is advisable for individuals and businesses to consult with an attorney to understand the specific applications of these laws and to secure their intellectual property rights.