The differences between ideas and realty/tangible objects raise the question of whether ideas fit within the traditional concepts that comprise property law. To answer this question, this article will first attempt to provide a generic definition of property. The underlying policy reasons for the protection of intellectual property, including ideas, will be identified. In light of this definition and the underlying policies, the protection of ideas under state common law, trade secret law, and patent law will be examined. The article will conclude that common law idea protection, trade secret law, and patent law are all property based regimes predicated on the recognition of property rights in ideas.
Date of Authorship for this Version
Beckerman-Rodau, Andrew, "Are Ideas Within The Traditional Definition of Property? A Jurisprudential Analysis" (1994). Suffolk University Law School Intellectual Property. Paper 5.