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South Carolina law

Intellectual Property Laws in South Carolina.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). South Carolina provides state-law trademark registration through the Secretary of State, common-law trademark protection, and trade-secret protection under the South Carolina Trade Secrets Act. Patent and federal trademark matters are litigated in the U.S. District Court for the District of South Carolina (Columbia, Charleston, Greenville, Florence divisions).

Last verified: 2026-04-17

State law

Key South Carolina Statutes

Federal Patent Law35 U.S.C.

Patents are entirely federal.

Federal Copyright Act17 U.S.C.

Copyright protection attaches automatically upon fixation.

Federal Trademark (Lanham Act)15 U.S.C. § 1051 et seq.

Federal trademark registration through the USPTO provides nationwide priority.

South Carolina Trademark RegistrationS.C. Code § 39-15-1105 et seq.

State-level trademark registration through the South Carolina Secretary of State.

South Carolina Trade Secrets ActS.C. Code § 39-8-10 et seq.

Misappropriation actionable with injunctive relief, damages, and exemplary damages for willful misappropriation.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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