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Michigan law

Intellectual Property Laws in Michigan.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). Michigan state law provides common-law trademark protection, state trademark registration through LARA, trade-secret protection under the Michigan Uniform Trade Secrets Act, and right of publicity (common law). Patent and federal trademark matters are litigated in the U.S. District Court for the Eastern or Western District of Michigan.

Last verified: 2026-04-17

State law

Key Michigan Statutes

Federal Patent Law35 U.S.C.

Patents are entirely federal. The USPTO issues utility, design, and plant patents. Patent litigation is exclusively federal.

Federal Copyright Act17 U.S.C.

Copyright protection attaches automatically upon fixation in a tangible medium. Registration with the U.S. Copyright Office is required before filing an infringement suit.

Federal Trademark (Lanham Act)15 U.S.C. § 1051 et seq.

Federal trademark registration through the USPTO provides nationwide priority and access to federal court. Michigan also permits state-law common-law and registered trademark claims.

Michigan Trademark RegistrationMCL § 429.31 et seq.

State-level trademark registration through LARA. Provides state-law priority within Michigan but does not preempt or substitute federal registration.

Michigan Uniform Trade Secrets ActMCL § 445.1901 et seq.

Misappropriation of trade secrets is actionable with injunctive relief, damages, and (for willful misappropriation) up to double exemplary damages plus attorney fees.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Michigan.

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