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Intellectual Property Law

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Intellectual property law protects creations of the mind — inventions, brands, creative works, and confidential business information — by giving their owners certain rights to control and benefit from them. It is the umbrella field that includes patents, trademarks, copyrights, and trade secrets, each protecting a different kind of asset in a different way.

Patents protect new and useful inventions and processes, generally for a limited time. Trademarks protect brand identifiers — such as names, logos, and slogans — that distinguish one source of goods or services from another. Copyrights protect original creative works fixed in a tangible form, such as writing, music, art, and software. Trade secrets protect valuable confidential information, such as formulas or methods, for as long as the information is kept secret.

Common issues in this field include securing protection for an asset, licensing or selling rights, and responding to infringement — the unauthorized use of someone else's protected work, invention, or brand. Intellectual property is often among the most valuable property a business owns.

For a non-lawyer, the key idea is that different kinds of creative and commercial assets are protected by different legal tools with different requirements and durations. Creators, inventors, and businesses commonly consult intellectual property lawyers to register and protect their assets, license them to others, evaluate freedom to use a name or technology, or address suspected infringement — in either direction.

Share of classified federal decisions

1861187519001925195019752000200738%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in intellectual property

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

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Sub-practice areas

More specific practice areas within Intellectual Property Law — narrower topics that fall under it, each with its own page.

Related practice areas

Antitrust and Trade Regulation LawCollections LawConsumer Fraud and Deceptive PracticesCopyright LawEntertainment and Sports LawFair Credit Reporting LawFalse Advertising LawFranchise and Dealership Law

Primary law

The governing U.S. Code, statutes and founding documents for Intellectual Property Law.

Key definitions

Defined terms that recur in intellectual property law — each links to its dictionary entry.

PatentCopyrightTrademarkTrade SecretInfringementLicenseFair UseProsecutionAssignmentRoyaltyClaimInjunction

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 35 (Patents), Title 17 (Copyrights) and Title 15 (Commerce and Trade) — beyond the landmark cases above.

Intellectual Property Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Cracking the Patent Search Code: The Step-By-Step Guidebook for Patent Search & Analysis - Paperback
    Cracking the Patent Search Code: The Step-By-Step Guidebook for Patent Search & Analysis - Paperback
    Sudhanshu Das
  • The BIG and Easy Guide to Take a Bright Idea from Drawing Board to Successful Revenue - Paperback
    The BIG and Easy Guide to Take a Bright Idea from Drawing Board to Successful Revenue - Paperback
    Rob Lucas
  • Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy - Hardcover
    Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy - Hardcover
    Paul Paradise
  • Just Wanna Patent: The First Steps - Paperback
    Just Wanna Patent: The First Steps - Paperback
    Ricardo Gonzalez
  • Make the Rules or Your Rivals Will - Paperback
    Make the Rules or Your Rivals Will - Paperback
    Richard Shell
  • Phyllis Schlafly Speaks, Volume 5: Stopping the ERA - Paperback
    Phyllis Schlafly Speaks, Volume 5: Stopping the ERA - Paperback
    Phyllis Schlafly
  • Indigenous Intellectual Property: An Interrupted Intergenerational Conversation - Paperback
    Indigenous Intellectual Property: An Interrupted Intergenerational Conversation - Paperback
    Val Napoleon
  • Blame it on Betty - Paperback
    Blame it on Betty - Paperback
    Elaine M. Barr
  • Intellectual Property Law in India - Paperback
    Intellectual Property Law in India - Paperback
    Tamali Sen Gupta
  • Performing Copyright: Law, Theatre and Authorship - Paperback
    Performing Copyright: Law, Theatre and Authorship - Paperback
    Luke McDonagh
  • Circulation and Control: Artistic Culture and Intellectual Property in the Nineteenth Century - Hardcover
    Circulation and Control: Artistic Culture and Intellectual Property in the Nineteenth Century - Hardcover
  • The Copywrights - Hardcover
    The Copywrights - Hardcover
    Paul K. Saint-Amour
  • Authors in Court: Scenes from the Theater of Copyright - Paperback
    Authors in Court: Scenes from the Theater of Copyright - Paperback
    Mark Rose
  • A Little Bit of Copyright: Just For Quilters - Paperback
    A Little Bit of Copyright: Just For Quilters - Paperback
    Elizabeth Townsend Gard
  • Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age - Hardcover
    Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age - Hardcover
    Stuart P. Green
  • U.S. Patent Prosecution for Support Staff: A Desk Reference - Paperback
    U.S. Patent Prosecution for Support Staff: A Desk Reference - Paperback
    Rosaleen A. Walsh
  • Collective Management of Copyright and Related Rights - Paperback
    Collective Management of Copyright and Related Rights - Paperback
    Mihaly Ficsor
  • Monopolies and Trusts - Paperback
    Monopolies and Trusts - Paperback
    Richard T. Ely
  • How to make money with your patent: A step by step guideline on how license, sell or commercialize your patented invention and earn significant profit - Paperback
    How to make money with your patent: A step by step guideline on how license, sell or commercialize your patented invention and earn significant profit - Paperback
    Prasad Karhad
  • The law of Patents, Designs and Trade Marks - Hardcover
    The law of Patents, Designs and Trade Marks - Hardcover
    Ltd Cruikshank &. Fairweather
  • Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions - Paperback
    Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions - Paperback
    Kenneth D. Crews
  • Inventions and Official Secrecy: A History of Secret Patents in the United Kingdom - Hardcover
    Inventions and Official Secrecy: A History of Secret Patents in the United Kingdom - Hardcover
    Tom H. O'Dell
  • Managing Intellectual Property Today: Inspiring high growth and capturing break-out value - Paperback
    Managing Intellectual Property Today: Inspiring high growth and capturing break-out value - Paperback
  • Copyright, Designs and Patents Act 1988 (c. 48) - Paperback
    Copyright, Designs and Patents Act 1988 (c. 48) - Paperback
    United Kingdom Legislation

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.