Intellectual property law in the United States is primarily federal. Patent protection is governed by Title 35 of the U.S. Code, with the USPTO examining and granting patents. Federal patent litigation is heard in federal district courts; all appeals go to the Court of Appeals for the Federal Circuit — a specialized court that hears every patent appeal nationally, creating uniform patent doctrine regardless of originating circuit.

Trademark registration is administered by the USPTO, and trademark disputes are litigated in federal courts or, for inter partes proceedings, before the Trademark Trial and Appeal Board. Common law trademark rights arise from use in commerce independently of federal registration, but registration provides significant procedural and remedial advantages in enforcement.

Copyright protection arises automatically upon creation of an original work under the Copyright Act of 1976. Registration is not required for protection, but is a prerequisite for filing an infringement lawsuit in federal court and enables recovery of statutory damages and attorney's fees.

Trade secret law is different. The Defend Trade Secrets Act of 2016 created a federal civil cause of action, but state trade secret law — most states have adopted some version of the Uniform Trade Secrets Act — also applies, and the interaction between federal and state claims requires analysis.

For most intellectual property work, the attorney's qualifications to practice before the USPTO and litigate in federal court matter more than their state bar membership. Browse intellectual property attorneys by state in the grid below.