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South Dakota law

Intellectual Property Laws in South Dakota.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). South Dakota provides state-law trademark registration through the Secretary of State, common-law trademark protection, and trade-secret protection under the South Dakota Uniform Trade Secrets Act. Patent and federal trademark matters are litigated in the U.S. District Court for the District of South Dakota (Sioux Falls and Rapid City divisions).

Last verified: 2026-04-17

State law

Key South Dakota Statutes

Federal Patent Law35 U.S.C.

Patents are entirely federal.

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.

South Dakota Trademark RegistrationSDCL Chapter 37-6

State-level trademark registration through the South Dakota Secretary of State.

South Dakota Uniform Trade Secrets ActSDCL Chapter 37-29

Misappropriation actionable with injunctive relief, damages, and exemplary damages.

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 South Dakota.

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