Faculty, staff, and students are our most important assets. The
Intellectual Property (IP) office has provided information and
links to assist you in making the decision to license your
inventions and technologies.
- What is Technology Transfer?
-- An Overview
- Protecting Your Technology
Through Inventorship and Patentability
- Jumpstarting the
Technology Transfer Process
- Resources and Links for Inventors
What is Technology Transfer? - An Overview
"Technology Transfer" is broadly
defined as the process of providing private sector access to
technological advances developed by scientists and researchers. The
transfer is made possible through patenting of
university-made inventions and assertion of copyright for
university-developed software, multimedia teaching tools and
educational materials. Universities accomplish the
transfer of intellectual property through the licensing process.
Intellectual properties are inventions that are protected under a patent,
trademark, copyright, or other law that typically serve some
commercial value.
The explosion of intellectual
property licensure for commercialization is widely attributed to the
Bayh-Dole Act of 1980, which allows universities to work with companies to license
their
federally-funded research. To read more about the Bayh-Dole Act,
click
here. As a faculty member at USC, you have access to world-class
research facilities that enable you to develop discoveries of great
significance that can benefit the local, regional, and national business
communities. With assistance from the IP Office, there are numerous
rewards to commercial licensure of your invention or discovery:
- Practical Application:
Your invention provides groundbreaking research for industries
that are able to implement and apply your discovery on a large
scale to benefit the most significant number of people.
Application of your research also allows for wide public
recognition of your efforts.
- Financial Returns: You
receive a share of monetary compensation through license
agreements and revenue distributions in return for the transfer
of your technology to industry. These returns may also help
provide you with the financial means to conduct additional
research in your own lab by providing your laboratory and
department with funding.
- Economic Benefits:
Licensing of University inventions has resulted in dozens of
U.S. patents and a number of start-up companies. These
companies help create revenues in the local, regional, and
national economic spheres.
Your Next Move: Protecting Your Technology Through Inventorship and
Patentability
USC technology transfer thrives on
the combined efforts of world-class researchers and dedicated staff and students committed to
discovering new technologies. If your research or
discovery has matured and you decide commercialization could be a
viable option, what is your next move?
Decide if your discovery
constitutes a marketable invention. An invention can be defined
as "an act of creativity that results in a device, process, or
technique novel enough to produce a significant change in the
application of technology." Does your invention constitute a market
or technical need? Could it lead to increased efficiency in
commercial processes or improve upon a current product? If you
have discovered something "new," the IP office will work with you to
ensure that your technology is properly transferred and implemented,
or provide assistance to determine the scope and marketability of
your discovery.
Work with the IP Office to protect
your intellectual property. Once your discovery is published in
a paper, presentation, or even disclosed at a lecture, it becomes
difficult to protect the original idea. The IP office strives to
help you by providing the legal materials and counsel necessary to
guarantee that intellectual property is protected. Once IP
protection is obtained, the IP Office will market your technology to
existing companies.
The most common forms of IP
protection are patents, trademarks, and copyrights.
- A patent is a set of
exclusive rights granted by the government that give an inventor
rights in his or her discovery. The IP Office files U.S. and
international patent applications. We work with patent attorneys and
the inventor to write the patent application, file it in the
U.S. Patent and Trademark Office, and follow it through the
patenting process.
- A trademark is a word,
symbol, name, or other device that is used to identify a product
and distinguish it from similar or competing products. The
University may consider registering a trademark to further
increase value and protection of a product during
commercialization.
- 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 are protected by copyrights.
To learn more about patents and
trademarks, visit the
U.S. Patent and Trademark Office. More information on copyrights can be
obtained from our in-depth Technology Transfer tutorial. (PDF
link)
Jumpstarting the Technology Transfer
Process
The technology transfer process begins at the
university when the research investigator identifies an
invention
which he or she believes may have potential for commercial
development. The IP
Office will guide you in completing a successful technology
transfer through five major steps. These steps indicate how Intellectual Properties are
processed at the University of South Carolina:
- Submitting a Disclosure: The first formal step in the process occurs when an inventor or
creator submits a "disclosure" form describing the
invention to
the IP Office. The disclosure briefly describes the new
invention, what it does, and what existing problem it is
designed to solve. A USC
Invention Disclosure form can be downloaded as an editable PDF from the
Agreements and Forms page.
- Evaluating a Disclosure and
Filing a Patent Application: Once an invention disclosure
form has been submitted, the IP Office will investigate the
invention. A patentability search may be conducted in past
literature or patent archives. Is this invention similar to current patents? If patented, would the invention be likely to
attract the commercial investment needed for development through
a license? Are there funds available within the institution or
from a prospective licensee to pay for the patenting costs?
These questions and more are evaluated to determine if a patent
application is viable. If so, the IP Office will work with a
patent attorney and the inventor to submit a patent application.
- Marketing the Patent: USC
seeks early licensing for a potential patent, and typically
files patents that are likely to be commercially feasible. The
IP Office will work with inventors to market discoveries by
making company presentations, publishing short summaries of
the discovery for distribution, and
using other aggressive marketing tactics to ensure that the
invention is commercially developed by a competent licensee.
- Another option for development of the invention is
for the researcher to start up a company to
commercialize their invention. For more information,
please see our
Resources for Entrepreneurs.
- Negotiating the License: The IP Office employs full-time lawyers, licensing experts, and
consultants to ensure inventor rights, responsibilities,
and rewards are protected during the licensing process. We will
work to negotiate your license and ensure
that the company is works diligently to develop your
invention.
- Distributing the Revenues:
The IP Office will cooperate with the inventor and the
licensee (the company to which the technology is being licensed)
to ensure that revenues are accurately and fairly distributed
between the licensee, the inventor, and the University.
More information about the process of technology transfer can be
found in "A
Tutorial on Technology Transfer in U.S. Colleges and Universities"
on pages 13-28. The tutorial elaborates on the licensure of
patented intellectual property and trademarks and discusses inventor
and licensee rights and responsibilities in detail.
Resources and Links
for Inventors
South Carolina
Research Authority (SCRA): The SCRA and Affiliated Research and
Development Institutes is a statewide research and development
conglomerate that specializes in providing physical lab space for
researchers, marketing new technologies to investors, and in the
commercialization of those technologies. SCRA receives more
than $75 million in revenue each year and has three branches located
near the leading research institutions in South Carolina (USC),
Clemson University, and Medical University of South Carolina (MUSC).
SCRA works
with local R&D and advanced technology institutes as well as in both
the public and federal government sectors. SCRA recently
created SC Launch!,
a program designed to assist researchers in bringing new
technologies to market.
USC Technology
Incubator: The USC Columbia Technology Incubator is a
nationally-recognized program that provides physical space,
resources, and information for USC faculty, staff, and students for
commercializing their ideas to produce successful, financially
viable and freestanding businesses. The 43,000 square-foot
Incubator building provides an excellent resource for inventors who
are looking for business and technical consulting, lab access,
administrative assistance, conference and mail rooms, and
internet/phone connections. As of February 2006,
37 companies have
graduated from the program. |