Meet the Standards for Patents

March 25, 2009 | Intellectual Property, Inventions, Law, Patent, Patent Attorneys

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.