Intellectual Property Law in Delaware
This page covers intellectual property law as it applies in Delaware — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what intellectual property protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Laws that govern intellectual property in Delaware
Delaware state law
- Organization, Powers, Jurisdiction and Operation of Courts › The Family Court of the State of Delaware › ProcedureDE 10 § 10-1031
- Organization, Powers, Jurisdiction and Operation of Courts › Court of Chancery › General Jurisdiction and PowersDE 10 § 10-346
- Delaware Criminal Code › Specific Offenses › Offenses Involving PropertyDE 11 § 11-926
- Delaware Health Information Network › Delaware Health Information Network › Purpose, Powers, and Duties; other Governing Provisions of the Delaware Health Information NetworkDE 16 § 16-10303
- Mental Health › Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › Stockley CenterDE 16 § 16-5520
- Safety › Fire Prevention › Delaware Burn CampDE 16 § 16-6649
Federal law
- Title 35 — Patents
The U.S. Code title that houses these federal statutes.
- Title 17 — Copyrights
The U.S. Code title that houses these federal statutes.
- Title 15 — Commerce and Trade
The U.S. Code title that houses these federal statutes.
- Trademark Act of 1946 (Lanham Act)
Primary federal trademark statute in the U.S. Codified at 15 U.S.C. §§ 1051 et seq.
- Patent Act of 1952
Federal law governing patents in the U.S. Codified at 35 U.S.C. §§ 1 et seq. Significantly amended by the America Invents Act in 2011.
- Copyright Act of 1976
Primary federal copyright statute. Codified at 17 U.S.C. §§ 101 et seq.
- Digital Millennium Copyright Act
Federal law that implements two 1996 WIPO treaties. Criminalizes circumvention of access controls and establishes the safe harbor for online service providers. Codified at 17 U.…
- Bayh-Dole Act of 1980
Allows universities, nonprofits, and small businesses to retain title to inventions developed with federal funding. Codified at 35 U.S.C. §§ 200–212.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for intellectual property in Delaware.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.