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Intellectual Property Attorney South Carolina Charleston

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Who creates and owns ideas around Charleston

On the Fort Johnson Campus at the tip of James Island in Charleston, the Hollings Marine Laboratory is a partnership of governmental and academic agencies including NOAA, the National Institute of Standards and Technology, the South Carolina Department of Natural Resources, the College of Charleston and the Medical University of South Carolina. NIST has part of the staff of its Chemical Sciences Division located there.

The Medical University of South Carolina, whose address is 171 Ashley Avenue, offers the MUSC Innovation Gateway, a platform developed by its Office of Innovation for submitting ideas. The Zucker Institute for Innovation Commercialization evaluates and manages the intellectual assets owned and generated by MUSC, and its FY25 annual report figures show 547 patents filed and 190 patents issued across the MUSC enterprise over the past five years.

The College of Charleston, at 66 George Street, publishes an intellectual property policy numbered 9.1.13. Employees must disclose inventions to the college before any public release, and an Intellectual Property Committee advises the Office of Research and Grants Administration and the Provost. Under the policy, after expenses are recovered, the inventor’s share of net revenue from royalties or the sale of equity interests is 50 percent. The policy page shows a last review date of October 14, 2020 and a web publication date of January 29, 2026, so ask the college whether a newer version applies to your work.

The Citadel, at 171 Moultrie Street, has a School of Engineering with departments of civil, environmental and construction engineering, electrical and computer engineering, mechanical engineering, and engineering leadership and project management. A cadet, student or faculty member with an invention should ask The Citadel which rules cover it and then review the answer with an attorney.

Attorneys meeting around a conference table with an open law book and a statue of Lady Justice, the kind of consultation available for intellectual property matters in Charleston, South Carolina

Registering a business and a name in South Carolina

The registered trademark symbol, a capital letter R inside a circle, relevant to trademark registration for businesses in Charleston, South Carolina

Corporations, nonprofit corporations, LLCs, limited partnerships and limited liability partnerships are filed with the South Carolina Secretary of State, which takes those filings and searches online through its Business Filings system. Sole proprietorships and general partnerships do not file there. The Secretary of State keeps no register of DBA or trade names, so the state has no statewide assumed name filing, and business licenses come from the county or city.

A South Carolina trademark or service mark is registered with the Secretary of State, and its trademarks page says online filing is now available for all trademark and service mark filings. The mark must already be in use before it can be registered. An application names the owner and the goods or services, gives the dates of first use anywhere and in South Carolina, and includes three specimens of the mark as used (S.C. Code Ann. 39-15-1115). A registration runs five years and can be renewed for further five year periods if the renewal is filed within six months before it expires (S.C. Code Ann. 39-15-1130). State registration gives rights within South Carolina and no federal protection; owners use it to put a South Carolina record of the mark on file and to sue under the state act for infringement or counterfeiting (S.C. Code Ann. 39-15-1170). Federal registration under 15 U.S.C. 1051 is a separate filing.

Courts, clocks and the basics

Charleston lies in Berkeley County and Charleston County, and 28 U.S.C. 121 places both counties in the Charleston Division of the United States District Court for the District of South Carolina. For that division, the court’s locations page lists the J. Waties Waring Judicial Center at 83 Meeting Street and the U.S. District Courthouse at 85 Broad Street, both Charleston, SC 29401. An attorney should confirm the right court before anything is filed.

A patent claim belongs exclusively in federal court (28 U.S.C. 1338(a)), and damages for patent infringement reach back no further than six years before the suit is filed (35 U.S.C. 286). A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)). Before suing over a United States work, the owner generally needs a registration, or a refusal of registration by the Copyright Office (17 U.S.C. 411(a)).

Under the South Carolina Trade Secrets Act, a misappropriation claim must be brought within three years after the misappropriation is discovered or should have been discovered with reasonable diligence (S.C. Code Ann. 39-8-70). Under 18 U.S.C. 1836(b), the owner can also sue in federal court when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce.

South Carolina has no statute on employee noncompete agreements, so courts decide them under case law and read them strictly, and an attorney should confirm the current rule before you sign or rely on one.

The gold seal of the United States Patent and Trademark Office on a printed certificate, relevant to patent and trademark filings from Charleston, South Carolina

Protecting your work in Charleston? Get matched with an attorney now.

Local offices to know about

An attorney working at a desk with a statue of Lady Justice and a law book in the foreground, representing intellectual property counsel for Charleston, South Carolina

Charleston Digital, the Charleston Digital Corridor Foundation, runs the Flagship tech incubator in the Charleston Tech Center at 997 Morrison Drive, Charleston, SC 29403. The Flagship offers offices, coworking, virtual office service, and business and technical classes for startup and scaleup tech companies, and the foundation’s page says the Charleston Tech Center was developed in 2021.

The City of Charleston Revenue Collections Division, at 2 George Street, Suite 1700, handles new business licenses and renewals for businesses in the city. Its page says renewals are based on the previous year’s income (calendar year 2025 or the preceding fiscal year).

Facing an infringement dispute in Charleston? Find out where your matter stands.

Frequently Asked Questions

Where does someone at MUSC submit a new invention idea?

The Medical University of South Carolina offers the MUSC Innovation Gateway, a platform developed by its Office of Innovation for submitting ideas. The Zucker Institute for Innovation Commercialization evaluates and manages the intellectual assets owned and generated by MUSC. Ask an attorney how the university’s rights could affect your idea before you act on it alone.

What share of licensing income goes to a College of Charleston inventor?

Policy 9.1.13 at the College of Charleston sets the inventor’s share of net revenue from royalties or the sale of equity interests at 50 percent, after expenses are recovered, and it requires employees to disclose inventions to the college before any public release. The policy page lists a last review date of October 14, 2020 and a web publication date of January 29, 2026, so confirm with the college that you are reading the current version.

Which federal courthouses does the court list for Berkeley and Charleston counties?

Both counties fall in the Charleston Division of the District of South Carolina under 28 U.S.C. 121. The court’s pages list the J. Waties Waring Judicial Center at 83 Meeting Street and the U.S. District Courthouse at 85 Broad Street, Charleston, SC 29401. Have an attorney confirm the right court.

Can I register a trade name for my Charleston business with the state?

No statewide assumed name filing exists in South Carolina, because the Secretary of State does not register DBA or trade names. Business licenses come from the county or city, and in Charleston the Revenue Collections Division at 2 George Street, Suite 1700, handles new licenses and renewals.

How much time do I have to bring a trade secret or copyright claim?

Under the South Carolina Trade Secrets Act, a misappropriation claim must be brought within three years after it is discovered or should have been discovered with reasonable diligence (S.C. Code Ann. 39-8-70). A civil copyright claim has three years from when it accrued (17 U.S.C. 507(b)), and patent damages cannot reach back more than six years before suit (35 U.S.C. 286). An attorney can tell you when your own period began.

For a personal injury rather than an intellectual property question, our Charleston personal injury page explains the South Carolina rules. People in this part of the state also look to our pages for Mount Pleasant, North Charleston, and Wando. If your matter arose in a different city, start from our statewide South Carolina intellectual property directory.

Start with a conversation

Before a first meeting, write down which employer, lab, school or incubator you were working with when the idea took shape, and gather any policy, disclosure or agreement you signed there. Add the dates when you first used a name in South Carolina, first shared or published the work, and first noticed a possible copy, because the periods described above are measured from dates like those. With that in hand, you can get matched with an intellectual property attorney.