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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

Federal Patent Law35 U.S.C.

Patents are entirely federal. USPTO issues utility, design, and plant patents.

Federal Copyright Act17 U.S.C.

Copyright protection attaches automatically upon fixation.

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

Federal trademark registration through the USPTO provides nationwide priority.

Montana Trademark RegistrationMont. Code Ann. § 30-13-301 et seq.

State-level trademark registration through the Montana Secretary of State.

Montana Uniform Trade Secrets ActMont. Code Ann. § 30-14-401 et seq.

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.

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