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 Pennsylvania, 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 slogans; and trade secrets, which protect confidential business information. While intellectual property often originates as an intangible concept, it gains legal protection when expressed in a tangible medium—like a song recorded on a device or a logo displayed on a product. Pennsylvania adheres to federal intellectual property laws, as the primary statutes governing these rights are federal, including the Patent Act, the Copyright Act, the Lanham Act for trademarks, and the Uniform Trade Secrets Act, which Pennsylvania has adopted. Additionally, state-specific laws and common law principles may also apply to intellectual property matters, such as in cases of unfair competition or contract disputes involving intellectual property.