Archive for the ‘Paris Convention’ Category
Patent applicants are well aware of the fact that applying for patent rights in Europe may mean several years wait before applications will be approved. In fact, the average waiting time for European patents at the European Patent Office is about seven years where it will only take about 12 months for an application to be approved in many countries including South Africa. Several suggestions have been made to reduce the backlog one of which has sparked another debate. The suggestion was that instead of applying in various countries such as the UK, you should only need to apply at the EPO. The problem with the suggestion is that it would overload the already heavy laden EPO and cause even further delays. The debate continues, but if you plan to take your patent international the best way would be through an Intellectual Property Attorney such as Smit & Van Wyk that knows the system and thus will ensure that your patent doesn’t get caught up in the system.
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Many inventors have patented their ideas, but once done don’t know where to obtain funding for patent owners. One way of obtaining funding for patent owners is to approach the Innovation Fund for assistance. Note that they have set procedures to follow and just because you have a great invention it doesn’t mean they will grant the financial assistance to get into the marketplace. You can also approach venture capital businesses or take out a loan against your home if the other avenues for financial assistance for patent owners fail. The most important tip is to browse the Internet for relevant companies in South Africa and then approach them in a professional manner. Be sure to sign a non-disclosure and non-competing agreement before supplying any information. We can assist you in this regard.
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There are specific document requirements for Paris Convention Applications. The applicant and his patent attorneys must sign the required forms. Patents Form P.3 contains the prescribed declaration which must be signed by the applicant. In the instance where the applicant is not an individual but a corporate entity then an authorized official of the corporation must sign it. This form should be handed in by the patent attorneys no later than within six months from the ZA application filing date. Other forms and declarations include Patent Form 26, any relevant proof documents of transfer, patent specifications, drawings, abstract, certified copy of the priority application in ZA. Make sure you have all the required documentation. Our patent attorneys will assist you in completing all the relevant documents.
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Smit & Van Wyk has a team of patent lawyers with years of experience in registering patents in other countries. Patents will be registered by our patent lawyers on behalf of the applicant under the Patent Co-operation Treaty which allows for registration of patents in 133 countries through one application. It should be noted that South Africa is not a member of APIRO or OAPI but is a member of the Paris Convention and is also a contracting member to the Patent Co-operation Treaty. The costs have been cut considerably by this Patent Co-operation Treaty for the application for registration in the 133 countries. Although one application it is still a complicated affair and best handled by experienced patent lawyers on behalf of the applicant.
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A Diplomatic Conference was convened in Paris in 1883, which ended with final approval and signature of the Paris Convention for the Protection of Industrial Property. The Paris Convention was signed by 11 States: Belgium, Brazil, El Salvador, France, Guatemala, Italy, the Netherlands, Portugal, Serbia, Spain and Switzerland. When it came into effect on July 7, 1884, Great Britain, Tunisia and Ecuador had adhered as well, bringing the initial number of member countries to 14. El Salvador, Guatemala and Ecuador later denounced the Paris Convention, only to join again in the 1990s. It was only during the first quarter of the 20th century and then particularly after World War II that the Paris Convention increased its membership more significantly.
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