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 Wyoming, as in all states, intellectual property is protected by a combination of state statutes and federal law. Copyrights, which protect original works of authorship such as literature, music, and art, are governed by federal law under the Copyright Act of 1976. Trademarks, which protect brand names, logos, and other identifiers of commercial origin, are also primarily governed by federal law under the Lanham Act, but Wyoming has its own statutes that provide additional protections for trademarks used within the state. Patents, which protect inventions and improvements, are exclusively under federal jurisdiction, administered by the United States Patent and Trademark Office (USPTO). Trade secrets, which include formulas, practices, processes, designs, or compilations of information, are protected under the Wyoming Uniform Trade Secrets Act as well as the federal Defend Trade Secrets Act. Intellectual property rights allow creators and inventors to benefit from their work by controlling and profiting from the use of their creations, even though these assets are intangible.