Patents, copyrights and trademarks — each of these elements of intellectual property law has its own federal statute and its own body of federal case law, available for enforcement by the federal judiciary following uniform federal procedural rules. Indeed, patent cases have a specialized appellate court, the U.S. Court of Appeals for the Federal Circuit.

Do we also need a federal statute to regulate trade secrets, another significant intellectual property right? Many members of Congress in both parties think so, although critics question whether there is good reason to federalize trade secret law.

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