Role of the Intellectual Property Attorney
January 15, 2010
Intellectual Property Information
An intellectual property attorney deals with all types of intellectual property whether copyright, patent, trademark or design related. To fully understand the role of the intellectual property attorney we have to look at the term intellectual property.
It refers to creations of the mind whereby the owners of the rights have monopolies over the usage of their creations and have the right to benefit commercially from that.
The intellectual property attorney applies for patent rights, trademark registration and copyright registration on behalf of the client, but can also assist with the setting up of usage agreements. At the other end of the spectrum the intellectual property attorney can take legal steps on behalf of the client when a third party has infringed on the intellectual property rights of the client.
Patent Law
January 14, 2010
Patents
The Patent Law in South Africa requires that an invention meets three important conditions:
• Novelty
• Usefulness
• Inventiveness
Under the Patent Law the invention must be completely new. As such the patent lawyers will conduct a novelty search in trade magazines, online, through databases, and newspapers around the world to establish whether any reporting was done on the invention prior to filing for patent rights.
In addition the Patent Law requires that the invention must not be obvious to someone skilled in the specific subject area and it must be useful. Inventing something that cannot be used in commerce, medicine or for instance agriculture will thus not constitute the right to a patent.
Under the Patent Law something that can be useful will be considered. The best way to ensure successful filing and granting of a patent is to go through patent attorneys when applying for patent rights.
Patent Protections
January 14, 2010
Intellectual Property Information
In South Africa it is not possible to get patent protections for scientific discoveries, literary or musical work, artistic work, aesthetic designs, rules, and method of thinking, mathematical formulas or discoveries.
It is also not possible to get patent protections for methods of doing business, presenting information, programming for computers, and playing a game.
None of the above is seen as an invention and although protection can be obtained against copying of the above it falls under other categories of intellectual property law. It doesn’t however, mean that you cannot file for a patent application if your so-called work falls within one of the above categories.
It does mean that the chances for successfully applying for the patent will be slim and the process may entail extensive litigation to get a patent granted.
Patent Lawyers in the Application Process
January 13, 2010
Patents
Patent Lawyers in South Africa are able to assist in the whole patent application process in more than one way.
Firstly the patent lawyers will file a provisional patent application at the Patent Office. This is the first step to ensure that the invention date can be stipulated. In case of a later dispute the earliest filing date will be taken into consideration. The patent lawyers will then complete the patent application process within 12 months of the filing.
This will also be done in all the countries outside South Africa where you want to get patent rights. As part of this process the patent lawyers will do novelty searches, help with the specifications and get a qualified person to assist with the drawings, will establish the usefulness of the invention, and the inventiveness.
Since South Africa doesn’t have an investigating Patent Office, it is the task of the patent applicant or his lawyers to ensure that the invention meets the requirements of a patent.
What will Trademark Attorneys Require?
January 13, 2010
Trade Marks ™ ®
If you have a mark, logo, name or shape that distinguishes your goods from the goods of competitors and want to register a trademark to protect against usage thereof without a prior written usage agreement, you will benefit from the services of trademark attorneys.
The trademark attorneys will require a copy of the intended trademark and will also need complete information about the products or services for which the trademark must be registered. It is essential since a separate application must be filed by the trademark attorneys for each of the international classes relating to your product or service.
It is also possible to obtain international trademark registration through the local trademark attorneys.
