Intellectual property is the body of law (statutes and court opinions) that protects a person’s original works. There are generally four types of intellectual property: (1) patents; (2) copyrights; (3) trademarks; and (4) trade secrets. For example, patent law protects the works of people who create new utilities for chemicals and machines (utility patents), new designs (design patents), and new plant varieties (plant patents). Copyright law protects new works of authorship such as books, movie scripts, paintings, poetry, and songs. Trademark law protects the names and identifying marks (logos) of products and companies. And trade secrets are pieces of information that have economic value from not being generally known to the public or discoverable by lawful means, and that the owner strives to keep secret.

In Virginia, as in all states, intellectual property law is primarily governed by federal statutes, as the U.S. Constitution grants Congress the authority to regulate this area. Patents are protected under the United States Patent Act, which provides exclusive rights to inventors of new, useful, and non-obvious inventions, including utility patents, design patents, and plant patents. Copyrights are secured under the Copyright Act, which safeguards original works of authorship such as literature, music, and art. Trademarks are governed by the Lanham Act, which protects brand names, logos, and other identifiers from being used by others in a way that could cause consumer confusion. Lastly, trade secrets are protected under both the federal Defend Trade Secrets Act and Virginia's version of the Uniform Trade Secrets Act, which prevent the misappropriation of confidential business information that provides a competitive edge. While federal law provides the basis for intellectual property rights, state laws, including those in Virginia, can also offer additional remedies against infringement and misappropriation.