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 Iowa, as in other 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, administered by the United States Patent and Trademark Office (USPTO), protect inventions and are valid for a limited time. Copyrights protect original works of authorship, such as literature, music, and art, and are generally valid for the life of the author plus 70 years. Trademarks protect symbols, names, and slogans used to identify goods or services, and can last indefinitely as long as they are in use. Trade secrets involve confidential business information that provides a competitive edge. While federal law primarily governs patents, copyrights, and trademarks, Iowa law, including the Iowa Uniform Trade Secrets Act, provides additional protections for trade secrets. Intellectual property can be both intangible, existing in the creator's mind, and tangible, such as when a song is recorded or a trademark is displayed on products. Attorneys specializing in intellectual property law can assist individuals and businesses in Iowa with securing and enforcing these rights.