Archive for the ‘Inventions’ Category
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.
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The term "inventor" is not defined in the South African Patents Act.
It can however be assumed that an inventor is a person that makes an invention that qualifies as an invention in terms of the Patents Act.
Taking into account what the requirements of patentability are, it can be assumed that a person that come up with an invention that is novel, inventive and has application in trade or industry, qualifies as an inventor.
In the same way as patent claims are construed, i.e. in terms of integers (or essential elements), it can be assumed that a person that bring those integers together will be the inventor. The question is therefore: Who the person(s) is(are) that brought those integers together?
It may be that one person brought together the integers in one claim and another person contributed to the integers in another claim. They will then be co-inventors (or joint inventors). It may also be that both persons contributed to the integers in a single claim, then they will also be co-inventors (or joint inventors). If a single person brought together all the integers of the claims in a patent specification, that person will be a sole inventor.
In event of a dispute to inventorship in which one person inventively contributed to certain claims and another person contributed to certain other claims, the claims to which the inventor cannot lay claim to, may be excised from the set of claims, so as to overcome such a dispute.
Upon filing a patent application the inventor signs a declaration that he/she is the true inventor. A misrepresentation on this declaration may be grounds for revocation of a patent.
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In life, there is always more than meets the eye. The success of a business is not only governed by its physical abilities and assets, but also by the ideas behind it that powers its innovation, the creativity that keeps it one step ahead of the competition and the emotions it evokes from its consumers. These are all intangible characteristics of a business, but no less important than any other concrete asset. And just like any other physical asset, these features need to be cared for and protected in order for the business to continue thriving.
An intellectual property lawyer specialises in the legislation governing this subject matter and can assist you in protecting these assets to your business. Whatever your requirement of an intellectual property lawyer might be, Smit & Van Wyk Incorporated has the necessary expertise to provide you with a solution.
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It is important to file a patent application before publicly disclosing the details of the invention. In general, any invention that is made public before an application is filed would be considered prior art (although the definition of the term "prior art" is not unified at the international level, in many countries, it consists of any information which has been made available to the public anywhere in the world by written or oral disclosure). In countries, which apply the above definition of the term "prior art", the applicant's public disclosure of the invention prior to filing a patent application would prevent him/her from obtaining a valid patent for that invention, since such invention would not comply with the novelty requirement. Some countries, however, allow for a grace period, which provides a safeguard for applicants who disclosed their inventions before filing a patent application, and the novelty criteria may be interpreted differently depending on the applicable law.
If it is inevitable to disclose your invention to, for example, a potential investor or a business partner, before filing a patent application, such a disclosure should be accompanied by a confidentiality agreement. - WIPO
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The entrepreneurial spirit of the Griffiths family
Windmills dot the South African landscape. Few of us realise what an interesting history the modern day windmill has and how it came to use in South Africa. This article tells the history of the modern-day windmill and the impact it had on our economies.
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SVW FAQ Will the Patent Office check to see if my invention is new?
South Africa is a non-examining country. Effectively, this means that an eventual South African complete patent application will result in a patent being granted without a check to see if these requirements are met. Such a granted South African patent will be valid until proven otherwise and may be subject to revocation based on a third party’s objection against its novelty and/or inventiveness.
It is important to note that a provisional patent application will not provide you with an enforceable right - it is merely a device which allows you to test the market without destroying the novelty of you invention. You only obtain an enforceable right once you have filed a complete patent application for the final form of your invention and it has been granted by the Patent Office. Furthermore, It is important to note that patents are territorial rights – one cannot enforce a granted South African patent in countries other than South Africa.
There is no such thing as a worldwide patent, which means that the provisional patent application must, within 12 months of filing the provisional application, be followed by the filing of either (1) patent applications in each country in which you require protection, or (2) a PCT application followed by the filing of patent applications in each country in which you require protection. Such patent applications will claim priority from the South African provisional application. Keep in mind that many countries, including the PCT system, will examine the novelty and inventiveness of the invention and grant of a patent in such countries will be subject to the invention’s passing of the examination.
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1. Novelty Searches in view of obtaining patent protection for an invention:
If a product or concept identical to yours is already in existence anywhere in the world then you cannot obtain patent protection for the same concept in South Africa (or in most other countries for that matter). However, should you have invented an improvement on an existing concept and the improvement is (i) new, (ii) inventive, and (iii) has a use in trade, industry or agriculture, then such improvement may certainly be patentable.
In order to get an indication of whether such a product already exists anywhere in the world, we are able to conduct a fixed-cost, fixed-time novelty search through the European and American patent offices' databases. Such a search would give an indication of the novelty of the invention, however, keep in mind that it would not guarantee the invention's novelty. (The cost for such a search is typically R3000 including VAT for a fixed-cost, 2 hour patent novelty search and reporting thereof).
2. Patent and/or registered design protection:
Click here for our Patents Brochure to assist in answering some of your questions regarding the patenting process.
Click here for our Designs Brochure which provides more information regarding the filing of design applications, if applicable.
The drafting of a patent specification or a design application is best done by registered patent attorneys. Our charges for the drafting and filing of a provisional patent application at the South African Patent Office range between R10000 and R15000 and depends on the complexity of the invention. This includes the official Patent Office fee, as well as the costs of all drawings, which are done by our draughtsman. As such, we do not require formal drawings from you - merely a good description of the invention and some freehand drawings. It usually takes about 20 working days for the preparation and forwarding of the specification to you for approval prior to filing.
If all goes well and there is a market for your product, you should, within 12 months from the date of filing of the provisional patent application, file a so-called complete patent application which, in South Africa, will be about 30% more than the cost for drafting and filing of the provisional patent application. Foreign patent applications also need to be filed at such time, given a reasonable possibility of success in a foreign market.
Design registrations, if suitable, cost in the region of R4500 for the first application, and R4000 for subsequent registrations filed at the same time.
4. Click here and complete our Invention Description Form (IDF) so that we may provide you with a more accurate cost estimate. We will be able to provide you with information regarding the suitability of your invention for design protection upon receipt of the completed IDF. The IDF also contains the website addresses of the US and EU patent offices, where you may conduct your own patent and design searches to obtain an indication of whether your idea already exists.
5. Our communications with our clients are subject to attorney/client privilege and are treated in a highly confidential manner.
6. We look forward to hearing from you. Please keep the invention secret until it has been protected.
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I also need to know that I won't be shooting myself in the foot by showing them my idea without it being patented.
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The USA patents office known as USPTO as well as the University of Utah Research Foundation together with Myriad are in the hot water. Groups of researchers, women’s health activists, and medical professionals have challenged the right of patenting human genes. Almost 4400 patents have been granted by the USPTO for human genes ranging from conditions such as Asthma to Alzheimer’s. The communities feel that patenting human genes will prevent further research and thus hinder the development of workable treatments and solutions in future. Back in SA do we need to look carefully at what the patenting of human genes holds in store for the future and thus balance the right to invention and development with that of the greater of society?
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Just when we thought we have mastered all there is to technology Microsoft registered a patent for a method of holding holographic meetings and thereby have taken the world into the next age of technology. The registered patent provides a method for viewing holographic images of attendees and to display a holographic image the user. This is just one example how registered patents can change the world. Without registering it as a patent, Microsoft will not be able to safely pursue the development thereof and may even find that another company simply copies the idea and then makes millions from it. The registered patent will grant Microsoft another monopoly and ensure that they can keep asking licence fees and thus grow as a company. To ensure that your invention can be commercially exploited by your company and to have the correct protection against and infringement of your registered patent be sure to file an application for registration before going public with your invention.
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