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Under the patent laws of South Africa, the novelty guidelines are similar to those of many European nations. To be considered patentable, inventions must meet the legal requirements for patent novelty.
The following are some principles used in determining patent novelty under our patent laws:
- The invention cannot have been part of Prior Art preceding the priority date.
- An invention needs to be new.
Before the provisional application is entered, which is the priority date, the invention must not have been disclosed to outsiders by writing, speaking or broadcasting. When inventors disclose information about their invention without first submitting an application, the invention is not considered novel and cannot be patented. Novelty can be made void even if an inventor only uses the invention secretly in commerce.
The concept must additionally have been produced from inventive steps that are not obvious to experts in that particular trade. The concept must also have use in an industrial and/or agricultural field. The item you invent must come under the purview of the South African Patents Act of 1978 and such be protected by the country’s patent laws and not by another category of laws such as trademark or copyright laws.
Under the South African patent laws you will be able to disclose an invention for the purpose of technical trial where it is appropriate and to assess the development potential. If you need help to apply for patent rights in South Africa to ensure that you get a monopoly on the usage of your invention, contact the team of Smit & Van Wyk today.
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