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 Missouri, 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 forms such as patents, copyrights, trademarks, and trade secrets. Patents, administered by the United States Patent and Trademark Office (USPTO), protect inventions and processes for a certain period, allowing the patent holder exclusive rights to use and sell the invention. Copyrights protect original works of authorship, including literature, music, and art, for the life of the author plus 70 years after their death. Trademarks protect symbols, names, and slogans used to identify goods or services, and can be registered with the USPTO or the Missouri Secretary of State's office. Trade secrets involve confidential business information that provides a competitive edge, and while there is no formal registration, they are protected under the Missouri Uniform Trade Secrets Act. While intellectual property often originates as an intangible creation, it gains economic value and legal protection when expressed in a tangible medium or used in commerce.