Incorporeal Property: A Comprehensive Guide to Legal Rights Without Physical Form

Definition & Meaning

Incorporeal property refers to legal rights related to property that do not have a physical form. This includes rights such as patents, copyrights, leases, and mortgages. While these rights hold value, they lack tangible substance. Under common law, incorporeal property includes rights that affect tangible items, such as a chose in action, which is the right to enforce a debt. The term "incorporeal" contrasts with "corporeal," which describes property that can be physically perceived.

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Real-world examples

Here are a couple of examples of abatement:

One example of incorporeal property is a patent for a new invention. The inventor holds the exclusive rights to manufacture and sell the product, even though the patent itself is not a physical object. Another example is a lease agreement, where a tenant has the right to occupy a property for a specified duration, despite not owning the property itself.

State-by-state differences

Examples of state differences (not exhaustive):

State Variation
California Strong protections for intellectual property rights
New York Specific laws governing lease agreements
Texas Unique regulations regarding mineral rights as incorporeal property

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Corporeal Property Property with physical existence, such as land or buildings. Incorporeal property has no physical form.
Chose in Action A right to enforce a claim or debt. Chose in action is a type of incorporeal property.

What to do if this term applies to you

If you believe you have rights related to incorporeal property, consider the following steps:

  • Identify the specific rights you hold, such as a patent or lease.
  • Gather any relevant documentation that proves your rights.
  • Explore US Legal Forms for templates that can help you manage your rights effectively.
  • If your situation is complex, consider consulting a legal professional for tailored advice.

Quick facts

  • Incorporeal property includes rights like patents and leases.
  • These rights can be enforced through legal action.
  • State laws can vary significantly regarding incorporeal property.

Key takeaways

Frequently asked questions

Incorporeal property refers to legal rights that do not have a physical existence, such as patents and leases.