Archive for the ‘Designs’ Category
You may be a manufacturer of a range of jewellery and will want to file multiple design applications. The procedure to follow will be the same as with a single design application as the South African law stipulates that you can only cover a single embodiment of a design in one application. You will thus need to make multiple design applications where you will file an application for every design in the range. We provide reduced rates for such applications. It is also recommended that you wait until confirmation of filing before revealing any information about one of the items in the range. If by accident information is revealed you should make sure that the design applications are filed within six months of the date of disclosure. Also note that should you want to file for aesthetic and functional design rights for the same article that separate filings still need to be done.
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The South African law makes provision for a six months grace period regarding design disclosure and the subsequent application filing. This means that if you made a design disclosure you must make sure that you file an application for design rights within six months of the design disclosure date if you want to retain the rights. It is however, recommended that you first file the application before making a design disclosure because another party may make a similar design or use your design during the six months grace period. You will not however, have the right to take steps against the party in future if the usage, marketing or duplication occurred during the six months grace period from the date of design disclosure. We recommend that you wait until confirmation is received that the filing has been done before you reveal your design.
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The design application process need not be complicated although the various terms and conditions may become confusing. The following steps are followed in the design application process:
The design should be kept secret and not marketed or sold until the design application has been done.
Contact the patent and design application attorneys of SVW for assistance regarding the protection of the design.
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The design application is then prepared on behalf of the client which will include pictures, drawings, and photos depicting the design
The design application is forwarded to you for approval
The filing of a design application is then done at the SA Design Office which is located in Pretoria
After filing is confirmed, you as the client may disclose the design.
It normally takes around eight months for registration to be complete since the date of filing.
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South African design rights fall into two major categories - that of aesthetic and functional. The difference between aesthetic and functional design rights lies mainly in the purpose. Aesthetic design rights are awarded on the basis of the appearance of an article. It doesn’t matter whether it is aesthetically appealing since it is a relative concept. Rather the unique appearance is used as the basis for awarding the design rights. The functional design rights are awarded on the basis of function of the article – that is the appearance of an article is protected in relation to the function to be performed. An example of functional will be a type of door, while aesthetic will be a type of ring. The functional design rights are awarded for a 10 year period whereas for aesthetic the period of protection covers 15 years.
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Once your mind runs with an idea and you start with your gadget type inventions, the last thing you normally want to do is to record everything that you do. You may also think your ideas are so unique that someone else could not possibly have though of it. Surprisingly enough, other people think the same and they go ahead with their gadget type inventions. Once it comes to patenting people soon realize that they have been beaten by another party in their gadget type inventions development. The solution is to first of all record everything that you do and think of. All your notes should be kept and every person that works on the prototype should sign in a logbook. Keep record of every step, part, and date. Leave nothing to chance. It may not be fun, but it is the best way to protect your work. Also file a preliminary patent application as soon as possible as this date will be used to determine who has first rights to the invention. The next important step is to do a full patent search before you invest too much money and time in your idea. Also browse the Internet, databases and journal articles first. If you need help with this contact us to conduct the patent search on your behalf while you focus on your gadget type inventions development.
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The word unique means one of a kind, but what does it mean as part of the patent right application? It means that in order to success with the patent right application the invention must be new. The invention may not be used anywhere in the countries forming part of the specific international patent right agreement if it is an international application. It must not have been published about or described in a publication before. The same rules apply as for a local patent right application. Even if it was the inventor self who published information before the original filing date for application, the patent right application can thus not succeed. It also means that the invention must be original and not obvious. It can thus not be something that has already been invented and now just changed. You cannot for instance, just substitute one material for another and then get the patent right to the invention.
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The first thing to realize is that an idea alone cannot be patented. The idea must be in written form before you can patent to protect. You hear it everyday. People say they have thought about an invention years before and now someone has stolen it. Wrong! You thought it, but someone else did it. The longer you wait to get the idea on paper the higher the probability that you will not patent to protect in time. Write down the idea. Make the drawings. Contact us to help you patent to protect. You need to file your initial application as quickly as possible. Don’t be concerned about your lack of writing abilities or you art skills. We have a team of qualified lawyers and engineers as well as draw artists to ensure the correct descriptions and drawings. Whatever you do, patent to protect as soon as possible unless you don’t mind that someone else does.
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October 2, 2008 | Designs
Registered Designs at the South African Designs Office are grouped into different classes of technology and a design application may only be filed in the one or more most relevant classes of technology to which it relates. The protection afforded by a registered design is limited to the class in which it is filed. A complete list of classes of registered designs is available at: International Classification for Industrial Designs
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September 29, 2008 | Designs
An enforceable right is only obtained once a design has been registered. A design is only registered by the South African Designs Office a few months after filing of the design application. You do not have an enforceable right until such time as you have received notification of registration of the design from the South African Designs Office. However, should you become aware of anyone copying your design, it is possible to apply to have the registration process expedited, following which legal action may be taken.
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September 29, 2008 | Designs
It usually takes about eight months from the date of filing the application until notification of registration is received from the South African Designs Office. If foreign registered designs are to be applied for, we should be notified thereof at the outset, but foreign design applications may be filed in a number of countries within six months after the filing of a South African registered design. Such a design application may then claim the priority date of the South African design.
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