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 Ohio, 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. This includes patents, which protect inventions; copyrights, which cover original works of authorship such as literature, music, and art; trademarks, which protect brand identifiers like logos and slogans; and trade secrets, which safeguard confidential business information that provides a competitive edge. While intellectual property often originates as an intangible concept, it gains legal protection when expressed in a tangible medium, such as written down or recorded. Ohio follows federal intellectual property laws, as these matters are primarily governed by federal statutes like the Patent Act, Copyright Act, Trademark Act, and the Uniform Trade Secrets Act. However, state laws, including those in Ohio, can provide additional remedies against misappropriation and infringement, and may also address issues such as unfair competition and contractual disputes related to intellectual property.