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 South Dakota, 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. These laws encompass various forms of intellectual property, including patents, copyrights, trademarks, and trade secrets. Patents, administered by the United States Patent and Trademark Office (USPTO), protect inventions and are granted for a limited time, typically 20 years from the filing date of a patent application. Copyrights protect original works of authorship, such as literature, music, and art, and generally last 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, provided they are in use and properly maintained. Trade secrets involve confidential business information that provides a competitive edge and are protected as long as the secrecy is maintained. While these forms of intellectual property are governed primarily by federal law, South Dakota state law also provides remedies against misappropriation and infringement. Creators in South Dakota can utilize these legal protections to ensure their intellectual property, even when intangible, is respected and that they can benefit from their innovations.