Inventions

Angola Intellectual Property

December 6, 2011
Attorneys, Copyright ©, Inventions, Patents, Registered Designs, Trade Marks ™ ®

Smit & Van Wyk, Inc. intellectual property services include applications, filings and dispute resolution for patents, designs, trademarks and copyright in all African countries, including Angola.

For more information about the Angola economy, climate, georgaphics, laws and major problems that might effect your patent, design, trademark or copyright.
Click here for more information about Angola

For more information about the Angola patent system, patent laws, international patent treaties and the patent filing requirements and procedures.
Click here for more information about Angola Patents

For more information about the Angola design system, design laws, international design treaties and the design filing requirements and procedures.
Click here for more information about Angola Registered Designs

For more information about the Angola trademark system, trademark laws, international trademark treaties and the trademark filing requirements and procedures.
Click here for more information about Angola Trademarks

For more information about the Angola copyright system, copyright laws, international copyright treaties and the copyright filing requirements and procedures.
Click here for more information about Angola Copyright

For more information about the Angola litigation system, litigation laws and the litigation procedures.
Click here for more information about Angola Litigation

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Festive Season Patents

December 5, 2011
Inventions, Patents

Festive Season decorations and activities bring about interesting patents every year.

Patents for  festive season inventions could include anything from Christmas trees, tree decorations, table decorations, wall decorations, outdoor decorations, decorative lights, games, gifts, cards and even cooking methods, recipes or utensils.

Here are a few examples of well known Festive Season inventions.

Christmas Pudding Recipe

Christmas Crackers

Christmas Tree Decorations

Christmas Lights

The Christmas Tree

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Stem Cell Technique Patent

October 19, 2011
Inventions, Patents

Image source: eurostemcell.org

Embryonic Stem Cell Patents

The ECJ (European Court of Justice) has announced their decision to ban patents for inventions based on embryonic stem cells for all EU states. But does this mean that patents cannot be granted for any techniques based on stem cells?

Form more information << Stem Cell Patents >>

How to interpret European biotechnology regulations

No patents can be granted for inventions based on embryonic stem cells, even if the cell lines were established in the laboratory many years ago and the invention itself does not involve obtaining new embryonic stem cells.

Professor Oliver Brüstle of the Institute for Reconstructive Neurology at the University of Bonn believes that the fruits of years of  research by European scientists will be wiped away. Brüstle remains optimistic and believes that stem cell technology will continue to progress on an international level.

Professor Austin Smith of the Wellcome Trust Centre for Stem Cell Research at the University of Cambridge stated that this decision leaves scientists in a ridiculous position. He said that scientists are funded to do research for the public good, yet prevented from taking their discoveries to the market place where they could be developed into new medicines. The benefits of this research will now be reaped in America and Asia.

Stem Cell Patents History

In 1999 Greenpeace challenged a patent granted to Professor Brüstle for a method of producing neural progenitor cells from embryonic stem cell lines.

Greenpeace’s argument:
Since human embryonic stem cell lines originate from fertilized eggs, the patent represented a forbidden use of human embryos and contravened ordre public.

Brüstle’s argument:
The patented method did not itself include the use of embryos or the acquisition of embryonic stem cells, but used already established embryonic stem cell lines, which can be obtained around the world and can be legally used for research in Germany.

The German Federal Patent Court ruled in favor of Greenpeace and declared the patent invalid.

For the full European Court of Justice (ECJ) Brüstle Judgement << Brüstle-judgement >>

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How to Register a Patent

October 13, 2011
Intellectual Property Information, Inventions, Inventors, Patents

Always keep your inventions a secret – Do not market or sell the inventions until the patent application has been filed.

Obtaining a patent is a two-step process spaced 12 months apart.

Step 1
File a provisional patent application in South Africa.
(to obtain the earliest possible date from which to claim rights to your invention)

Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.

Step 2
File a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection.

To register a patent for your invention there are a 3 basic requirements that an invention need to adhere to according to South African law:

All patent applications must be:

1. New
   This “absolute” novelty requirement implies that any disclosure anywhere in the world before the filing date of a patent application in South Africa, will destroy the novelty of your invention, thereby forfeiting your patent rights.
2. Inventive
   There may be similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
3. Useful
   Inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.

A few examples of invention categories:

1. Machines
   Machines can be mechanical devices or various devices together with a specific function that will lead to an outcome.
2. Manufactured items
   This include any items not already included under machines, but which are tangible.
3. Components
   The result of a mixture of compounds whether chemical or mechanical.
4. Processes
   Specific steps or treatments which lead to an outcome that can be measured.
5. Improvements
   Alterations to any of the above mentioned products.

Image source: www.freedigitalphotos.net

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Patent Inventions

October 6, 2011
Inventions, Inventors, Patents

If your inventions are new, inventive and useful, then they might qualify for patent protection. To protect your rights as an inventor you need to file patent applications for your inventions in each country, where protection is sought.

Obtaining a patent is a two-step process spaced 12 months apart.

Step 1
File a provisional patent application in South Africa.

Step 2
File a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection.

Novelty Search

An optional fixed cost preliminary novelty search can be conducted to find similar or identical patents. The costs of conducting a fixed cost novelty search in respect of one patent. (inclusive of all fees, official expenses and VAT is limited to approximately R 2500.00)

PLEASE NOTE THAT PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. PRICES ARE ONLY AN INDICATION. PLEASE CONTACT OUR OFFICE FOR A FORMAL QUOTATION.

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

Additional Articles & Information

How to patent inventions?

Patent protection

Patents in South Africa

Patent Owners

Image source: www.freedigitalphotos.net

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