Montana law
Intellectual Property Laws in Montana.
Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). Montana provides state-law trademark registration through the Secretary of State, common-law trademark protection, and trade-secret protection under the Montana Uniform Trade Secrets Act. Patent and federal trademark matters are litigated in the U.S. District Court for the District of Montana, which is a single-district federal court covering the entire state with divisions in Billings, Great Falls, Missoula, Butte, and Helena.
Last verified: 2026-04-17
State law
Key Montana Statutes
Patents are entirely federal. USPTO issues utility, design, and plant patents.
Copyright protection attaches automatically upon fixation.
Federal trademark registration through the USPTO provides nationwide priority.
State-level trademark registration through the Montana Secretary of State.
Misappropriation of trade secrets actionable with injunctive relief, damages, and exemplary damages for willful misappropriation.
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 Montana.
Next step
Move from state law into guided help or attorney search.
If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in Montana.
More in Montana
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws