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 Oregon, 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 safeguard brand identifiers like logos and names; and trade secrets, which protect confidential business information that gives a company a competitive edge. While intellectual property is inherently intangible, the law allows for these rights to be enforced when the creation is expressed in a tangible medium, such as a written song or a patented machine. Oregon follows federal intellectual property laws, as these matters are primarily governed by federal statutes, including the Patent Act, the Copyright Act, the Lanham Act for trademarks, and the Economic Espionage Act for trade secrets. However, state laws, including those in Oregon, can also provide additional remedies against misappropriation of trade secrets and can play a role in disputes involving the infringement of intellectual property rights.