Smit & Van Wyk registers the stackable cup
June 28, 2011
Clients, Patents, Registered Designs
Smit & Van Wyk, Inc. attorneys legally represented Mr Marc Cocci with the patent and registered design registrations of his unique invention, the stackable cup.
The stackable cup can now be seen at festivals, sports events, bars, restaurants, night clubs and canteens.
The registered design protects the shape and appearance of the stackable cup and the patent protects the working of the invention on which the stackable cup handle is based.
How does it work?
The stackable cup is a recyclable and washable plastic drinking cup which features a unique patented handle design that enables you to simultaneously carry as many drinks as you possibly can. The invention relates to a stackable drinking cup, as well as a stackable cup holder.
This means that the invention can be used to drink from a single cup or hold multiple filled cups that are stacked on top of each other to carry around.
What part is Patented?
The patent registration for the invention is focused on the unique design of the rigid handle which allows the cup to be stacked limitless. Cups are stacked in a circular motion from which only one handle is used to hold onto.
How to register your own Design or Invention?
Smit & Van Wyk attorneys services include the registration of patents, trademarks, copyrights and designs.
If you are interested in registering your own patent or design, follow the following steps:
- Keep the design or invention a secret. Do not market, or sell it until a patent application has been filed at the South African Patent Office.
- Contact Smit & Van Wyk attorneys to discuss protection for your invention or design.
- We will discuss the possibility of conducting cursory, fixed cost patent searches to provide you with background information of what has been patented before in your field.
- We shall, upon receipt of a deposit, prepare a patent specification for the invention.
- The patent specification will, upon completion, be forwarded to you for approval.
When you are satisfied that the patent specification is complete, we shall file a patent application containing the patent specification at the South African Patent Office in Pretoria.
Contact Details for Smit & Van Wyk attorneys
Tel:
(+27) 012 349 7800
E-mail:
enquiries@svw.co.za
Physical Address:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
Republic of South Africa
Or complete the following form:
Patent Pitfalls to Avoid
April 7, 2011
Brand Names, Franchises, Geographic Indicators, Inventions, Registered Designs
New inventors often fail to register their patents successfully because they made mistakes during or before the filing of their patent applications. Most of the patent pitfalls can be avoided if one is to take heed of the common patent pitfalls discussed below.
Discussing The Patent Idea With Friends And Family
Although a person certainly wants to share an idea with friends, it is absolutely important not to disclose any details about your invention that could enable another person to create the same or a similar invention. Apart from rendering the invention useless when it comes to the patent application because information about the invention has become public knowledge, it also creates the risk of someone else using the information to create their invention and apply for patent protection before you do so.
Registering A Complete Patent When There Are Still Some Work To Do
One should only register a complete patent instead of a provisional patent if a person is sure that there will be no more modifications needed on the invention. You must also make sure that the invention is marketable and as such it is recommended that you first register a provisional patent. This will allow you a 12 month window in which you can test the marketability of the invention and make any modifications before having to file for the complete patent protection.
Disclosing Information Without A Non-Disclosure Agreement
You may be at a point where you require the help of another person skilled in the trade to assist with further development of the invention. Do not disclose any information about the pending patent or the invention even before that without the party signing a non-disclosure agreement.
View our full range of patent services and contact us for professional legal advice and assistance in registering your patent in South Africa or abroad.
6 EASY STEPS to – Patent your Invention – Click here!
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
How extensive is Industrial Design Protection?
August 24, 2009
Registered Designs
Generally, industrial design protection is limited to the country in which protection is granted.
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered.
An applicant can file a single international deposit either with WIPO or the national office of a country that is party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant wishes. – WIPO
How can Industrial Designs be protected?
August 24, 2009
Registered Designs
In most countries, an industrial design must be registered in order to be protected under industrial design law.
As a general rule, to be registrable, the design must be “new” or “original”. Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, “new” means that no identical or very similar design is known to have existed before.
Once a design is registered, a registration certificate is issued. Following that, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years.
Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other.
Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different. – WIPO
Why protect Industrial Designs?
August 24, 2009
Registered Designs
Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.
When an industrial design is protected, the owner – the person or entity that has registered the design – is assured an exclusive right against unauthorized copying or imitation of the design by third parties.
This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.
Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products. – WIPO
