Fill Out The Form To Be Connected Instantly to the Patent Infringement Attorney Needed In Your Case!
Ready to talk to someone about an intellectual property matter in Dillon? The form above connects you directly, no need to read everything below first.
Your Dillon Intellectual Property Attorney
If you are trying to protect an invention, a brand, or a creative work in Dillon, or you have been accused of infringing someone else’s, you probably want plain answers about deadlines, courts, and what each kind of protection covers. Federal statutes set most of them, so many answers can be checked. Below you will find the key deadlines at a glance, what each type of protection covers, the steps that come before a lawsuit, which federal court hears a case from Dillon County, and how South Carolina law fits alongside federal law. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Intellectual Property Rules at a Glance
- Patent term and damages: a patent lasts 20 years from the filing date of the application (35 U.S.C. 154(a)(2)), and no recovery can be had for infringement more than six years before the complaint (35 U.S.C. 286).
- Even an unregistered mark can be protected against false designation of origin, through a civil action by anyone who believes they are likely to be damaged (15 U.S.C. 1125(a)(1)).
- Copyright covers expression, not ideas: original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), but never an idea, procedure, process, system, or method of operation (17 U.S.C. 102(b)).
- What is a trade secret? Information the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known (18 U.S.C. 1839(3)).
- Where is my case filed? Dillon is in the District of South Carolina, and that court holds court in Charleston, Columbia, Florence, Aiken, Orangeburg, Greenville, Rock Hill, Greenwood, Anderson, Spartanburg, and Beaufort (28 U.S.C. 121).
Four Kinds of Intellectual Property and What Each Covers
A patent protects an invention. Whoever invents or discovers a new and useful process, machine, manufacture, or composition of matter may obtain a patent, subject to the conditions and requirements of the patent statute (35 U.S.C. 101). The term is 20 years from the date the application was filed (35 U.S.C. 154(a)(2)).
A trademark identifies and distinguishes goods and their source. The statute defines it as any word, name, symbol, or device, or any combination, used by a person, or which a person has a bona fide intention to use in commerce and applies to register, to identify and distinguish that person’s goods from those manufactured or sold by others and to indicate the source (15 U.S.C. 1127). A service mark does the same for services.
Copyright protects original works of authorship fixed in any tangible medium of expression (17 U.S.C. 102(a)), such as literary, musical, dramatic, and pictorial works, motion pictures, sound recordings, and architectural works. It never extends to an idea, procedure, process, system, method of operation, concept, principle, or discovery (17 U.S.C. 102(b)).
Trade secret protection depends on two things: the owner took reasonable measures to keep the information secret, and the information has independent economic value because it is not generally known or readily ascertainable (18 U.S.C. 1839(3)). Formulas, methods, processes, programs, and codes can all qualify.
How Long Do You Have to Bring a Claim?
Copyright: a civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)). Because a United States work must also be registered before an infringement suit can be filed (17 U.S.C. 411(a)), the registration step should not be left until after the dispute begins.
For a federal trade secret claim, the three years run from discovery of the misappropriation, or from when it should have been discovered by reasonable diligence, and a continuing misappropriation is treated as a single claim (18 U.S.C. 1836(d)).
For patent damages, the look-back is six years from the complaint (35 U.S.C. 286), which is separate from the 20-year patent term measured from the filing date (35 U.S.C. 154(a)(2)).
The federal deadlines above do not decide state-law claims. South Carolina sets its own limitation periods and accrual rules, and an attorney can tell you which apply to a trade secret or unfair competition claim brought under state law.
Protecting your work in Dillon? Get matched with an attorney now.
Federal and South Carolina Trademark Registration
Registration on the federal principal register begins with an application and verified statement. The statute allows the owner of a mark used in commerce to apply (15 U.S.C. 1051(a)(1)) and separately a person with a bona fide intention to use (15 U.S.C. 1051(b)(1)).
In addition to the federal register, a business in South Carolina can file for a state trademark registration with the South Carolina Secretary of State (see Chapter 15 of Title 39 of the South Carolina Code). The state filing is a separate process from the federal application.
A copyright owner cannot file an infringement action on a United States work before registration has been made (17 U.S.C. 411(a)), although a refusal of registration can also open the door to suit if the Register of Copyrights is notified and served with the complaint.
Inventors should keep the 20-year term measured from filing in mind (35 U.S.C. 154(a)(2)), and should confirm early with an attorney that the invention falls within 35 U.S.C. 101.
Federal and State Courts for Intellectual Property Claims
The choice of court depends on the type of claim. Patent and copyright cases can only be filed in federal district court (28 U.S.C. 1338(a)), a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)), and trademark claims can go to federal or state court.
South Carolina constitutes one federal judicial district, the District of South Carolina (28 U.S.C. 121), so a federal case from Dillon is filed there. The court holds court in Charleston, Columbia, Florence, Aiken, Orangeburg, Greenville, Rock Hill, Greenwood, Anderson, Spartanburg, and Beaufort.
How South Carolina Law Fits In
Trade secret claims are not only federal. The South Carolina Trade Secrets Act (S.C. Code 39-8-10 to 39-8-130) may apply to the same facts, and the federal statute provides its own civil action when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)).
Federal trademark law under 15 U.S.C. 1114 and 1125 sits alongside South Carolina’s registration system, which runs through the South Carolina Secretary of State under Chapter 15 of Title 39 of the South Carolina Code. The two operate separately.
The details of a state-law claim depend on the facts, and an attorney can explain which of the federal and state claims fit a particular dispute.
Common Intellectual Property Claims
Using an Invention Without Permission
Infringement occurs when someone, without authority, makes, uses, offers to sell, or sells any patented invention within the United States, or imports a patented invention into the United States, during the term of the patent (35 U.S.C. 271(a)).
A patent case is filed in federal district court (28 U.S.C. 1338(a)).
Confusing Similarity and Brand Protection
For a registered mark, the core question is whether the defendant’s use of a reproduction, copy, counterfeit, or colorable imitation is likely to cause confusion, mistake, or deception in connection with goods or services (15 U.S.C. 1114(1)(a)).
State trademark registration in South Carolina is filed with the South Carolina Secretary of State under Chapter 15 of Title 39 of the South Carolina Code, separate from the federal statutes.
Disputes Over Writing, Images, Music, and Film
Whether copying is actionable begins with what is protected. Copyright subsists in original works fixed in a tangible medium (17 U.S.C. 102(a)) and does not reach ideas, procedures, processes, systems, or methods of operation (17 U.S.C. 102(b)).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
Confidential Information and Departing Employees
Trade secret cases often turn on whether the owner took reasonable measures to keep the information secret and whether it has independent economic value from not being generally known, the two elements of 18 U.S.C. 1839(3).
The South Carolina Trade Secrets Act (S.C. Code 39-8-10 to 39-8-130) may provide state-law claims alongside the federal action, with their own deadlines.
Damages, Injunctions, and Other Relief
The patent statute provides for damages adequate to compensate for the infringement, not less than a reasonable royalty (35 U.S.C. 284), and for injunctions to prevent the violation of a patent right (35 U.S.C. 283).
For trademark violations, the Lanham Act allows injunctions on terms the court considers reasonable (15 U.S.C. 1116(a)) and allows recovery, subject to equity, of the defendant’s profits, the plaintiff’s damages, and the costs of the action (15 U.S.C. 1117(a)).
Under 17 U.S.C. 504, the choice is between actual damages with additional profits and statutory damages, which the court sets between $750 and $30,000 for any one work.
Registration timing affects these remedies: no award of statutory damages or attorney’s fees is available for infringement of an unpublished work commenced before the effective date of its registration, or for infringement commenced after first publication and before registration unless registration is made within three months after first publication (17 U.S.C. 412).
In federal trade secret cases the court can enjoin actual or threatened misappropriation, award damages for loss and unjust enrichment or a reasonable royalty, and, for willful and malicious misappropriation, exemplary damages up to 2 times the damages awarded (18 U.S.C. 1836(b)(3)).
Not sure which type of protection applies? Get matched with an attorney.
Preparing for a First Conversation
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
Patent matters go faster with drawings, lab notes, patent or application numbers, and a list of who has seen the invention. Trademark matters go faster with the mark itself, samples of its use, and any registration documents.
For a copyright question, bring the work, dated drafts, any registration papers, and examples of the copying. For a trade secret question, bring a description of the information, who had access, and what confidentiality steps were in place, such as agreements and access controls.
Dillon: Courts, Counties, and Getting Started
If you are protecting or defending intellectual property in Dillon, a case that belongs in federal court is filed in the District of South Carolina. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
Our South Carolina intellectual property hub brings together the state’s rules and every city page in one place. Our coverage in this part of South Carolina also includes Marion, Bennettsville, and Florence. If the matter involves a crash, a fall, or another injury, our Dillon personal injury attorney page is the better fit.
Frequently Asked Questions
Can a patent case be brought in South Carolina state court?
No. Patent claims are within the exclusive jurisdiction of the federal district courts (28 U.S.C. 1338(a)), so a case from Dillon is filed in the District of South Carolina.
Can I register a trademark before I start using it?
Yes, in one way: a person with a bona fide intention, under circumstances showing good faith, to use a trademark in commerce may request registration on the principal register (15 U.S.C. 1051(b)(1)).
How long does a copyright last?
For a work created on or after January 1, 1978, the life of the author and 70 years after the author’s death (17 U.S.C. 302(a)), with different rules for joint works, anonymous and pseudonymous works, and works made for hire.
What do I have to show to protect a trade secret?
The two elements of the definition: that you took reasonable measures to keep the information secret, and that it has independent economic value from not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Where does the federal court for Dillon hold court?
The District of South Carolina holds court in Charleston, Columbia, Florence, Aiken, Orangeburg, Greenville, Rock Hill, Greenwood, Anderson, Spartanburg, and Beaufort (28 U.S.C. 121).
Does state registration replace federal registration?
No. A state registration, where one is available, is a separate filing from federal registration on the principal register (15 U.S.C. 1051), and each operates on its own.
Why does timing matter in an intellectual property dispute?
Because federal statutes set fixed limits, such as three years for copyright (17 U.S.C. 507(b)) and for federal trade secret claims (18 U.S.C. 1836(d)), and six years of look-back for patent damages (35 U.S.C. 286), waiting can cost rights and money.
How do I keep information as a trade secret?
Take reasonable measures to keep it secret, because that is one of the two elements of the definition (18 U.S.C. 1839(3)), and consult an attorney about what measures are reasonable for your business.
Get Started With an Attorney in Dillon
Questions about a patent, a trademark filing, a copyright registration, or a trade secret are exactly what an initial conversation is for. Use the form to get matched with an attorney who can answer them for your case.
