South Africa Patent Laws
February 18, 2010
Intellectual Property News, Patents
South Africa Patent Laws favour the usage of attorneys Even though it is possible to file a patent application directly without the usage of a patent lawyer or attorney, it cannot be recommended. The reason is simple. The South Africa patent laws favour the usage of an attorney.
The South African Patent Office is a non-investigating office. This means that you can complete the application, file it and even receive the patent right upon payment of the required fees without the invention complying with all the requirements. It is not a loophole in the system.
It simply means that the responsibility lies with the applicant to ensure that the invention is indeed patentable and that the application will be done correctly.
The snag comes in when another applicant or company questions the patentability of the invention down the line or argues that the idea was not original at all. Lawsuits may follow and all the money already spent in the commercial development of the patent may be lost forever.
You will need the help of a patent lawyer who knows the South Africa patent laws and will conduct the novelty searches and apply in the correct manner right from the word go.
Contact details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
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Trademark Infringements on the rise
February 3, 2010
Trade Marks ™ ®
Trademark infringements occur when the exclusive rights associated with a trademark are infringed by another party.
This happens when a party other than the holder of the trademark makes use of the logo or identification of a product or service registered as a trademark by the holder thereof or uses one similar to the one registered as to cause confusion with consumers over the product.
Trademark infringements are rising and although business owners may feel that registration will thus be useless, without registering the trademark the company will have no grounds for action against another party that copies its logo or identification.
It is thus money well spent as it provides legal grounds for preventing counter fitting or causing of confusion with the public. Confusion can be based on the proximity of goods, similarity in the identification marks, marketing channels utilized and more.
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Prepaid Debit Card | Patent Developments
February 3, 2010
Patents
Research results published at the GetDebit website (www.getdebit.com) indicate that patent applications published regarding prepaid debit cards have increased tremendously from 2001 to 2009.
It does however, seem that there are still only a few major players regarding prepaid debit card patent applications including the likes of MasterCard, Visa, and American Express. The research published at the site also suggests that the successful issuing of patent applications regarding the debit cards still go mainly to the bigger companies with only a few awarded to smaller players in the field.
American Express and First Datacorp lead the market in the USA for patent applications being granted to them.
New innovations in the USA and smaller countries such as South Africa, may change the picture during the next couple of years.
Additional Articles & Information
How to patent inventions?
Patent protection
Patents in South Africa
Patent Owners
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Copyright Indemnity for Search Engines in the UK
February 3, 2010
Copyright ©
Amendments to a Bill in the UK seek to provide copyright indemnity for search engines.
The proposed amendment 292 of the Digital Economy Bill if accepted will allow for the copying of information in part or in whole from websites by the search engines as part of the purpose of providing search engine services. This means that search engines such as Google and Yahoo will be able to index parts of news publisher sites and that deep linking would not be a problem or risk of copyright infringement.
If approved by the House of Lords the amendments could also mean that publishers or website owners would not have the right to block search spiders through robots.txt files.
The outcome remains to be seen, but with such rights given to search engines, website owners will enjoy less copyright protection.
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Misunderstanding the Role of the Patent Attorney
February 3, 2010
Patents
The role of the patent attorney is often misunderstood and as such many inventors believe it to be better to simply register their patents directly.
Just as many inventors fail as the patent attorney has an important role to play. For one the patent attorney helps to assess whether the invention is patentable, helps with patent description, specifications, and also to find out whether there has been a similar application already handed in or approved.
The lawyer is qualified not only in law, but also in engineering or a relevant area and as such has the qualifications and know-how to identify important aspects such as the obviousness of an invention, whether it falls under patent law or should in fact fall under copyright or designs etc.
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