December 10, 2009 | Law
The Companies and Intellectual Property Registration Office (CIPRO) in Pretoria will be closed from 24 December 2009 to 3 January 2010 inclusive. The days will be regarded as dies non.
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The Companies and Intellectual Property Registration Office (CIPRO) will be closed from 24 December 2009 to 3 January 2010 inclusive. The days will be regarded as dies non.
No Comments »
December 10, 2009 | Law
Who is the inventor?
According to section 27 of the Patents Act, “An application for a patent in respect of an invention may be made by the inventor or by any other person acquiring from him the right to apply or by both such inventor and such other person”
This raises the question as to who is legally regarded an inventor. In Hay v African Gold Recovery Co, Morice J stated, “The first and true inventor signifies that the person so described made the discovery himself, and that he did so before anyone else in any other part of the world.” An inventor is a person who contributed essential elements of the invention that resulted in the development of the invention. The specific claims of a complete patent, indicates who the inventor is. A person who simply suggests an idea of an outcome to be accomplished, is not an inventor. Also someone who contributes only labour or conducts tests and experiments under the inventors guide is not an inventor. An inventor is the person who has conceived all the essential elements of the invention, and workers are thus not required to use their own initiative or to be inventive.
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