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Texas law

Intellectual Property Laws in Texas.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). Texas provides state-law trademark registration through the Secretary of State and common-law trademark protection, plus trade-secret protection under the Texas Uniform Trade Secrets Act. Patent and federal trademark matters are litigated in the U.S. District Courts for the Northern (Dallas, Fort Worth, Amarillo, Lubbock, Wichita Falls, Abilene, San Angelo), Southern (Houston, Corpus Christi, Brownsville, Galveston, Laredo, McAllen, Victoria), Eastern (Tyler, Beaumont, Marshall, Sherman, Texarkana), and Western (San Antonio, Austin, El Paso, Waco, Midland-Odessa, Pecos) Districts of Texas. The Eastern District of Texas (Marshall and Tyler) is one of the nation's busiest patent venues.

Last verified: 2026-04-17

State law

Key Texas 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.

Texas Trademark RegistrationTex. Bus. & Com. Code § 16.001 et seq.

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

Texas Uniform Trade Secrets ActTex. Civ. Prac. & Rem. Code § 134A.001 et seq.

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

Eastern District of Texas Patent DocketE.D. Tex.

The Eastern District of Texas (particularly Marshall and Tyler divisions) has been one of the nation's busiest patent venues for decades, known for patent-friendly procedural rulings. TC Heartland v. Kraft (2017) narrowed but did not eliminate its role.

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 Texas.

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