Archive for the ‘Inventions’ Category
Patenting in South Africa is done through CIPRO, which stands for Companies and Intellectual Properties Registration Office. It is the office that handles all patenting in South Africa applications. It is however, important to note that CIPRO is a non-investigating office, unlike many overseas Patent Offices. This means that the patent applicant has the responsibility of making sure that the invention is new, original and complies with all the regulations as stipulated. It is thus important to make use of patent attorneys that will assess the patentability of a new application. Patenting in South Africa is managed on the principle that patents stimulate economic competition and growth. It is also for this reason why software for instance, does not automatically fall under patent laws. There is much controversy about the topic whether software should be patentable or not. You are advised to contact Intellectual Property Lawyers should you wish to get protection for your work on a software program.
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Inventors who create revolutionary new products naturally feel eager to market their inventions, reaping profits to which their hard work entitles them. However, if inventors take their products to market without patenting them, they remain vulnerable to devious competitors’ imitation or theft of their original designs. Therefore, every inventor should retain a patent attorney to secure his rights to his creation by having the design and device patented.
Just as importantly, inventors should seek their attorneys’ assistance with patent agreements, which license marketers and vendors to promote and sell their inventions. Between inventors and marketers, this assures striking earnings for both. Poorly performed patent agreements often cost inventors a great deal of money and their reputations. Deceitful marketers and vendors easily can influence patent agreements to pirate designs or limit inventors’ royalties. Carefully crafted patent agreements, however, protect inventors against exploitation and they guarantee acknowledgement and steady income.
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Every enterprise inevitably produces original concepts, processes, and operating procedures. These unique creations qualify as “intellectual property,” which has commercial and strategic value for the company. In the same way that a company protects its inventing rights for the products and services it delivers, it also should protect its inventing rights for all of its intellectual property.
Surely, every company recognizes the value of its logo and registers it as a trademark; and every company recognizes the value of its premier product or service, securing a patent for it. Companies do not always so easily recognize the value of their client lists, training manuals, standard operating procedures, production guidelines, and other one-of-kind creations. They, too, represent major business assets and have financial value. Every company should secure its inventing rights to intellectual property as aggressively as it protects its inventing rights to its products.
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Beer lovers now will have reason to drink more of their favorite beverage as a new invention of a beer to help restore Vitamin B levels in the body has been made. The new invention apparently holds several health benefits including the improvement of nervous system functioning, reduction in the risk of pancreatic cancer as well as helping with depression. The new invention has won a gold medal at the Budapest Fair Center in 2004. With this it can be said that something good is brewing. Many inventors don’t realize how significant their new invention is until it actually makes headlines. Patenting it however, should be the first step before disclosing valuable information which may render the patent application for the new invention void. The second step should be to effectively market it to ensure that you can benefit from the commercial exploitation of the new invention.
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If you have developed a new device and desire to market it, applying for a patent serves your best business interests. Patents will protect your inventions against your competitors’ duplication of your achievement.
To qualify for patents under South African law, your products must meet the tests for novelty, inventiveness, and utility. The strict standard requires “absolute novelty”—you must proof no other products comparable with yours exists anywhere in the world. Your products must stand alone in their class. In addition, your products cannot be “obvious”, which means that an ordinary craftsman in your trade would not visualize the idea for your products. Most of all, your products must be useful as abstract inventions with no practical application will not qualify for patent protection.
If you have adapted or improved upon existing products, you may qualify for patents; however, you should consult an attorney for professional advice and counsel.
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If, on your own initiative and with all your own resources, you have created something new, inventive, and useful, you generally are entitled to own all the rights to your invention. If, however, you developed your breakthrough product under your employer’s orders and with the company’s tools, the invention rights belong to the company.
In order to meet the legal requirements for “invention,” your brand new miracle device must satisfy all three standards—new, inventive, and useful. The test for “inventiveness” may seem vague, subjective, and conjectural. According to the law, if a “person skilled in the art” immediately would recognize your invention as obvious—something anyone in your trade or craft might arrange for everyday use—you fail the inventiveness test. If, on the other hand, any among your professional peers would acknowledge your invention as ingenious, a genuine innovation or breakthrough, you have satisfied the standards for invention rights.
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The majority of successful inventors strongly support that you retain an intellectual property attorney to help you secure a patent for your invention.
Before you patent your invention, keep it confidential. Do not discuss the concept or details with anyone except your attorney, who is bound to keep your confidence. Although you naturally will feel eager to market and sell your invention, you absolutely must wait until you receive your patent or you risk compromising your exclusive rights to it.
In South Africa, obtaining a patent requires completion of a two-step process. First, to certify your invention as the first of its kind and prevent imitation or copy, file an application for a “provisional patent.” Within twelve months after the government grants your provisional patent, file the complete patent application. While your provisional patent protects you, make certain there is a market for your product and refine it to “perfection.”
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Inventors often make terrible mistakes regarding public disclosure of inventions. As such a brief explanation of public disclosure of inventions and how it will affect your patent rights is provided below.
Public disclosure of inventions entails any disclosure of information about the invention before the actual patent application filing is done. It doesn’t just entail broadcasting or journal articles, but any means of information distribution with a detailed enough description of the invention that will make duplication or usage of the invention possible. This thus also includes public disclosure of inventions through news articles, the Internet, forums, theses, presentations and more.
The following are pitfalls to avoid regarding public disclosure of inventions:
Discussions with people other than those working on the project
Website posts
Abstracts about the proposed patent
Posters
Communication through unprotected emails
Presentations and talks at seminars or any form of meetings.
Once public disclosure of inventions has taken place, the patent applications will not be successful.
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What falls within the category of biotechnological patents? It is one of the most prominent questions in the field of bio-engineering. Non-living entities such as DNA, vectors, polypeptides and promoters fall within the category of biotechnological patents. Genetically modified organisms which are seen as living entities also fall within the category. There are however, exclusions regarding biotechnological patents including discoveries such as natural substances which have already existed, mathematical procedures, biological processes, information presentations, and metabolism of organisms. In addition plants and animals not genetically modified, medical treatments, and scientific theories cannot be patented. Since it a complicated field of Intellectual Property, it is best to consult with Patent attorneys for assistance with the application process.
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Use the guidelines below to identify patent scams and prevent the loss of hard earned money.
Many fraudulent companies contact inventors via the Internet with promises of marketing their inventions and also promising huge amounts of money for the inventions. Before you hand over any money or information to such a company ask a few questions to help you identify patent scams:
How many inventions have they marketed over the past five years?
Ask the addresses, originator details and the patent numbers and investigate to identify patent legitimacy.
If there are upfront fees involved – stay away.
Set up an agreement through reputable patent attorneys in South Africa.
Get the company’s full details and run a background check on them.
Note that there are hundreds of fraud companies just wanting your money upfront.
Do your homework and identify patent scams before you are scammed. Rather get legal assistance to prevent any financial loss.
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