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 Florida, as in other states, intellectual property laws protect the rights of creators and innovators by recognizing their ownership over their unique creations. This includes patents, which are granted for new inventions and are regulated by federal law under the United States Patent and Trademark Office (USPTO). Copyrights protect original works of authorship, such as literature, music, and art, and are governed by federal statute, specifically the Copyright Act of 1976. Trademarks protect symbols, names, and slogans used to identify goods or services, and are also primarily governed by federal law, with additional protections under Florida's own trademark statutes. Trade secrets, which encompass formulas, practices, processes, designs, instruments, or patterns used in business, are protected under the Florida Uniform Trade Secrets Act (FUTSA) as well as the federal Defend Trade Secrets Act (DTSA). While intellectual property is inherently intangible, the law affords protection once it is expressed in a tangible medium, ensuring that creators can control and benefit from their intellectual contributions.