Getting Started

The Clemson University Intellectual Property Committee is the representative University committee that will decide whether to pursue intellectual property protection for a particular invention, trademark or copyright. The Clemson University Research Foundation (CURF) manages the patent application process and the commercialization and licensing efforts.

To disclose an invention, trademark, or other Clemson proprietary material (as identified under the University Intellectual Property policy) for IP protection and commercialization consideration, the inventor/author must complete a Clemson University Invention Disclosure Form or a Clemson University Software/Copyright Form, available from the Office of Technology Transfer or downloadable from this Web site. The completed form is then submitted to the Office of Technology Transfer and is reviewed in accordance with the Clemson University Intellectual Property Policy.

Briefly, this process includes a review by a subcommittee of the Clemson University Intellectual Property Committee. This subcommittee meets with the inventor(s) to assess the technical features of the technology, any research sponsorship that led to the development of the technology, potential industry interest, and determine how best to proceed with the protection of the technology. Topics considered include but are not limited to:

1. assessment of potential strength of patent protection;
2. commercial application of invention;
3. and possible channels of commercialization (e.g. licensing, start-up company).

The Clemson University Intellectual Property Committee recommends one of four options to the Director of Technology Transfer and the Clemson University Research Foundation:

1. approve preparation of a patent application, trademark or copyright application
2. defer a decision on patent application, deeming the technology too early stage
3. seek commercial interest prior to filing a patent application
4. or return to the inventor to patent, market, and license.

The inventor(s)/author(s) must be intimately involved in, or knowledgeable of, these processes at all stages, as are the appropriate department chair, school director and dean.

Patentability is a legal determination. If your invention does not appear to fit the legal requirements, the IP Committee will not pursue a patent application. Patenting is also extremely expensive, often costing $10,000 to $50,000 for domestic and/or international patent protection, so the IP Committee must weigh the balance of interests in deciding whether it is the best use of resources to pursue a patent application for a particular invention. In some cases, the IP Committee will not initiate the patent prosecution process, or CURF will later discontinue the process if started, unless a licensee agrees to pay the patenting costs.

A decision by the Patent Committee not to patent is by no means a rejection of your invention. Your invention may have enormous scientific merit but may not fit the legal requirements of patentability.  Although your invention may not be patented, it can still be put to very good use. Remember that if you publish your technology without patenting it, the technology becomes part of the "public domain" and is available to the research community.