Archive for the ‘Patent Attorneys’ Category
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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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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Statutory law refers to the written law of a country whereas non statutory forms of protection fall under common law. The non statutory forms of law govern know-how, trade secrets, trade marks as well as designs. It should be noted that trademarks, designs, trade secrets and copyright are also governed under statutory law. There may be instances when a party can claim by virtue of first usage or originating the idea or work that the party has specific rights to it. A company can for instance, get into a dispute about a trademark infringement and then defend itself on the grounds of non statutory forms of legal protection. If you believe that an infringement of your rights has taken place which can be shown under non statutory forms of legal protection, then you should contact attorneys to help you state your case.
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The South African Institute of Intellectual Property Law came into being as far back as 1954. More than 140 patent lawyers, agents and trade mark attorneys are represented by the South African Institute of Intellectual Property Law. A list of firms which are represented by the South African Institute of Intellectual Property Law can be found on their website. Smit & Van Wyk is also on the list. Clients can thus be assured of quality service according to ethical and legally compliant procedures. If an online company approaches you with suggestions of patenting your invention, first confirm whether the company is on the list as to prevent fraudsters from taking advantage of your eagerness to get your invention patented.
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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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One of the questions that applicant inventors often ask is that of the meaning of public disclosure regarding local patents. Applicants of local patents often misunderstand the term and in so doing disclose information about their inventions, just to find out that they now can no longer file rights for local patents.
The public disclosure means that you cannot distribute information about the invention through any form of media such as journals, articles and reports etc. that will allow a person to duplicate or put the invention to use prior to the initial application filing date. This part is mostly understood, but you should also guard against discussions of your invention with friends or any parties not directly involved with the invention. Don’t make any web posts, talk about the invention at meetings, advertise it on posters or use unprotected email to communicate with someone working on the invention. The safest route is not to disclose any information about your inventions before filing an initial application for rights to local patents.
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There are a few categories for patent rights, but we recommend that you get in touch with one of our attorneys to help you determine under which category/categories you can file your invention for patent rights:
Machines
Manufacturing items
Components
Processes
Improvements
Machines
Machines can be mechanical devices or various devices together with a specific function that will lead to an outcome.
Manufactured items
This include any items not already included under machines, but which are tangible.
Components
The result of a mixture of compounds whether chemical or mechanical.
Processes
Specific steps or treatments which lead to an outcome that can be measured.
Improvements
Alterations to any of the above mentioned products.
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There are quite a few intellectual properties that you cannot patent to protect. You for instance, cannot patent to protect information presentations and also cannot get patent rights for the metabolism of living organisms nor can you patent to protect biological processes or scientific theories. Ways of conducting business and mathematical formulas or discoveries cannot be patented. Fortunately many of the above mentioned can be protected under other Intellectual Property laws. As such it is recommended that you get legal advice before you file a patent to protect application to find out whether your invention or idea can indeed be patented or how you can protect your idea.
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The process involved in becoming a patent owner entails the filing for patent rights at CIPRO which is South Africa’s patent office. To become a patent owner you thus have to file a provisional application for which you will require specific forms to be completed. The forms are as follows:
P1 which is the application for patent and the acknowledgement of receipt
P2 which is the register of patents
P3 which give the attorney or patent agent the Power of Attorney
P4 which entails the provisional specification of the invention to be patented.
It should be noted that P1 & P2 must be completed in duplicate. The documents should be printed or typed and the specification must be clear. The provisional application is your first step only in becoming a patent owner.
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