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Frequently Asked Questions
USC IP Office:
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What is the USC Policy on patents and
copyrights?
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What are the responsibilities of the IP
Office?
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How do I disclose my results to the IP
Office?
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What steps are associated with technology
assessment?
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When should I contact the IP Office about
potentially licensable research?
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What is USC's royalty sharing policy?
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How can I contact the IP Office?
Patent and Trademarks:
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What are patents?
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What are examples of patentable intellectual
property?
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What are the different types of patent
applications and in which countries are they applicable?
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What are the barriers to patentability?
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What constitutes public disclosure of intellectual
property?
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What is a copyright?
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What is a trademark?
General IP and Sponsored Research:
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What is the benefit for universities to
protect and license intellectual property?
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What are the Federal Requirements for
intellectual property?
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Why is it difficult to protect intellectual
property in the university setting?
USC IP Office FAQs:
What is the USC Policy on patents and
copyrights?
The University of South Carolina Intellectual Property Policy governs
the intellectual property procedure at the University. The policy is
intended to encourage and reward research and scholarship that results
in the creation of intellectual property, and to recognize the rights
and interests of the inventor or creator, the public, the external
sponsor, and the University. Under USC IP Policy, USC owns all
intellectual property conceived or reduced to practice by faculty,
staff, or students as a result of research that makes substantial use of
USC resources or facilities, activities that fall within the inventor's
scope of University employment, or work supported by funds administered
through USC. To read the entire policy, visit our Policies page.
What are the responsibilities of the IP Office?
The IP Office is the University's primary resource for the marketing,
licensing, and commercialization of USC research efforts. Our
responsibilities include the evaluation of new invention and software
disclosures and management of existing disclosures. The IP Office
prepares material transfer agreements and confidentiality agreements and
negotiates terms and conditions for licensees. We also receive, process,
and disburse royalty income. The IP Office acts as a liaison between for
industrial partnerships and research and assists in locating funding for
research, development, patenting, and licensing. We also serve as the
primary liaison for patent attorneys.
How do I disclose my results to the IP Office?
An invention disclosure form is available at our Agreements and Forms
page. All inventors must fill out this form before the Office can assess
the technology's commercialization value or patentability. Be sure to
provide the maximum amount of information about your invention or
technology so that we may choose the best marketing strategy available.
Click here to download an invention disclosure form.
What steps are associated with technology
assessment?
Once a researcher has an invention with a commercially viable future,
the IP Office will work to assess the technology to determine the proper
modes of commercialization. After receiving a disclosure in our office:
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Interview the inventor to obtain information
about the invention
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Conduct market research to determine viable
markets for the invention
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Explore the potential for sponsored research to
enhance the viability of the invention
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Determine the specifics of the intellectual
property by deciding whether to patent, copyright, trademark, or
make the invention a trade secret
When should I contact the IP Office about
potentially licensable research?
It is important to disclose inventions to the IP Office as early as
possible so that we may work to secure intellectual property protection
before public disclosure. Inventions should be submitted to the IP
Office before disclosure in a seminar or a journal article, as these
methods of disclosure may decrease the patentability of your invention.
(Please see: Why is it difficult to protect intellectual property in the
university setting?)
What is USC's royalty sharing policy?
Need more information.
How can I contact the IP Office?
The Office is located at:
1200 Catawba Street
Columbia, SC 29208
(View Map)
Phone: (803) 777-9515
Fax: (803) 777-0603
The IP Office can be reached by phone Monday through Friday between 8:00
am and 5:30 pm. Faxes and e-mails are accepted 24 hours a day and are
checked often. To contact an individual specialist in our office, visit
our Contact page. If you are a researcher on campus and cannot visit our
office, we will be glad to set up an appointment at your office or
laboratory at your convenience.
Patent and Trademark FAQs:
What are patents?
A patent is a legal grant by the government that gives an inventor
exclusive use for a period of time in exchange for full disclosure of
the invention to the public. Patents are awarded only if an invention is
found useful, novel, and non-obvious. More information about patents can
be found at our Resources for Inventors.
What are examples of patentable intellectual
property?
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Processes - including business processes such
as inventory management or computer algorithms for street map
routing
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Machines - bicycles, scooters, radiators
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Articles of manufacture - umbrellas, pens,
tennis racquets
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New composition of matter - drug compounds,
alloys
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New use of any of the above - for instance
using Tylenol to cure cancer
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Plants - Hybrid crops and asexually produced
plants
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Designs - New, original ornamental designs
whose appearance is protected by a patent; for instance a novel
design for a teapot or clockface.
What are the different types of patent applications
and in which countries are they applicable?
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Provisional Patent Application (US Only):
Simplified legal and form requirements; not subject to exam;
inexpensive filing fee; cannot mature to issued patent
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Regular US Application (Nonprovisional):
complex legal and form requirements, subject to exam; can mature to
issued patent; more expensive
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International Application (PCT): single
application for 115 countries; very expensive
A patent is in effect for 20 years from the date of
filing the application.
What are the barriers to patentability?
One of the largest barriers to patentability is public disclosure of an
invention to the public before a patent application is filed. The
application can take up to several years to be processed by the U.S.
patent office. Fortunately, researchers can disclose their invention
after an application has been filed even if a patent has not been
awarded. Other barriers:
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Prior patent applications
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Prior discovery by another
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Non-original concept or obvious invention
What constitutes public disclosure of intellectual
property?
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Journal article
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Presentations at public meeting
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Thesis or dissertation defense
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Posting on a faculty website
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Awarded research grant or contract - FOIA
What is a copyright?
A copyright is a legal grant by the government that covers original
works of authorship and must be fixed in a tangible medium of expression
(e.g., printed book, sound recording, videotape, or script). Any author
can have copyright protection even without registration because
copyrights exist from the moment of material creation. Literary works,
photographs, software, distance learning material, music, and lyrics can
all be protected by copyrights.
What is a trademark?
A trademark is a word, phrase, symbol, design, slogan, or a combination
thereof, that identifies and distinguishes the source of goods or
services. Trademarks can be protected under state and federal law. For
more information about copyrights and trademarks, visit our Resources
for Faculty page.
General IP and Sponsored Research FAQs:
What is the benefit for universities to protect and license intellectual
property?
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To ensure that faculty and the university
receive academic credit for original university research and
inventions
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To develop and maintain practical applications
from lab research
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To bring the potential for tremendous revenues
to the university, the faculty member, and the faculty's lab
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To increase economic growth for the region
where the university is located
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See practical applications arise from lab
research that benefit the pulbic and improve quality of life.
What are the Federal Requirements for intellectual
property?
Federal requirements for IP are governed by the Bayh-Dole Act of 1980
which gives universities the right to license and patent research from
federal funds. Universities are required to share revenues with
inventors and choose an avenue of commercialization that will benefit
the public first and foremost. Federal law (Bayh-Dole Act) requires that
results from federally funded research be developed to benefit
taxpayers. To learn more about the Bayh-Dole Act, visit our Resources
for Faculty Page.
Why is it difficult to protect intellectual
property in the university setting?
The IP Office completely understands the need for faculty to publish or
announce their research efforts to the academic community. The
university setting is under more scrutiny than any other intellectual
property development entity to quickly announce inventions and research
breakthroughs, often at the expense of proper protection. The difficulty
lies in balancing the desire to publish results with the incentives
created from protecting university IP. Unfortunately, the ability to
license or patent a faculty invention becomes increasingly difficult
once the invention has been disclosed in a journal article, conference,
seminar, or other public realm. The IP Office will work with faculty to
ensure that if a patent application is necessary, that the application
will be filed in a timely manner to allow the faculty to publish results
soon thereafter. |
