Why does USC care about my Intelluctual Property?

Our goal is to move USC ideas out into the market where they can impact society. If an invention is not protected, there often isn’t enough incentive for a company or investor to invest adequate resources and take the risks necessary to develop the invention into a tangible product or service. Protection of intellectual property also protects the opportunity to create public good with the invention. The university is contractually obligated to disclose and protect inventions that result from either government or industry sponsored funding.

IP Policy Spotlight: Determining Ownership

USC is the owner of any intellectual property created by university faculty, staff, students, and visitors that is created or developed:

• During the course of an individual’s responsibilities to USC, including works made for hire
• Pursuant to a sponsored agreement or pursuant to a written agreement to transfer ownership to USC
• With more than incidental use of University facilities, funds, resources or supplies

Protecting Intellectual Property at the University of Southern California

The best thing to do is disclose your idea to the USC Stevens Institute and let us help!

Publication in a peer reviewed journal before filing for a patent application is not the only way to lose patent rights. Posters, abstracts, online disclosures, oral presentations, and theses placed on a library shelf open to public are all means of public disclosure in the eyes of European and US patent offices. Contact USC Stevens as far in advance as possible before any means of public disclosure to begin the proper intellectual property protection path.

An invention’s viability for patent filing is determined after the value of the invention has been thoroughly evaluated by our experienced innovation advancement team. It is important to note that not every invention will be filed in a patent application. During the assessment period, USC Stevens will be mindful of patent priority dates. A provisional patent application may be filed to preserve a priority date while market assessment is being performed.

After a patent application is filed (provisional or non-provisional, public disclosure can occur without losing patent rights. If you wish to discuss your technology with an outside party, it is best to complete a non-disclosure agreement before any confidential material is exchanged. If you need to complete a non-disclosure agreement, contact a member of the USC Stevens Innovation Advancement team.

What is a PATENT?

A  patent is an exclusive right of an inventor/owner to exclude others from making, using, or selling the patented invention without permission for the life of thepatent. The life of a patent is 20 years from the date of formal application

To obtain patent protection, an invention must be new (or novel), useful, and  nonobvious to someone skilled in the art. Patentable inventions include new processes, products, apparatus, compositions of matter, living organisms, and/or improvements to existing technology in those categories.

There are three types of patent: Utility (standard), design and plant.

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What is a COPYRIGHT?

Copyrights protect works of authorship, such as software, writings, musical works, sound recordings, and other works of art. A copyright applies to an original embodiment, but it does not have to be novel or unique in a patent sense. Copyright protection prevents others from unauthorized use of an original work of authorship by duplication, preparation of derivative works, distribution, or public performance. The protection is longer than for patents, currently 70 years.

To review USC's official bulletin on copyright and fair use for using works of others, please go to the following link http://ogc.usc.edu/IntellectualProperty/CopyrightandFairUse.pdf

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What is a TRADEMARK?

A trademark is a piece of intellectual property, usually a symbol, word, design, etc., that is used in significance with a brand.

Trademarks are handled by USC Trademarks and Licensing Services. For further information, please visit http://www.usc.edu/bus-affairs/trademarks/

How do I protect SOFTWARE?

The traditional, and most common, form of protection for software is a copyright.  Due to the Copyright (Computer Software) Amendment Act 1985, software is considered to be a "literary work."  But a copyright only protects the product of an idea.  A patent protects the idea itself.

An ever growing background of legal rulings continues to evolve software patentability.  Software can be called a collection of processes, a unique machine, or both.  The number of software patents jumped into the thousands during the nineties, prompting the USPTO to publish a set of guidelines for software patentability.  Obtaining a software patent can be difficult.  Determining nonobviousness and evaluating prior art can both be problematic. 

USC will evaluate new software technologies to see which form of protection will be appropriate.

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Creative Commons Information

Protecting Creative Work

So, you’ve fleshed out an idea and put together a creative piece you are proud to share. What should you do?

There are two main concerns with creative works, making sure it’s protected the way you want, and getting the visibility for it. Knowing this, you should consider publishing under a Creative Commons license. Creative Commons could be used for any of the following:

• Distribute creative work
• Distribute courseware
• Make your idea available for free
• Disseminate your research results

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