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 Hawaii, as in all states across the United States, intellectual property law is primarily governed by federal law. Copyrights, patents, trademarks, and trade secrets are all forms of intellectual property that are protected under various federal statutes. Copyrights, which protect original works of authorship, are governed by the Copyright Act of 1976. Patents, which provide protection for new and useful inventions or discoveries, are regulated by the United States Patent and Trademark Office (USPTO) under the Patent Act. Trademarks, which safeguard brand names, logos, and other identifiers that distinguish goods and services, are also administered by the USPTO under the Lanham Act. Trade secrets, which include formulas, practices, processes, designs, instruments, or patterns that are not generally known or reasonably ascertainable, are protected under the Uniform Trade Secrets Act, which has been adopted by Hawaii. While the protection of intellectual property is predominantly a matter of federal law, state law can also play a role, particularly in the enforcement of trade secrets and when intellectual property issues intersect with business law, such as in cases of unfair competition or contract disputes.