Patent Applications
November 26, 2009
Intellectual Property News and Interesting Facts
While it is important to register your new inventions in order to protect your intellectual property, there are a few basic requirements that an invention need to adhere to according to South African law before you can initiate patent applications.
All patent applications need to be:
- New: South Africa has a so-called “absolute” novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your patent rights.
- Inventive: Even if your invention is new, there may be other 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.
- Useful: Abstract inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to guide you through the process quickly and efficiently.
2 Responses to “Patent Applications”
How does one ensure that from the day you apply for a patent you are guaranteed immediate proof that until research is done on your novelty, for that particular date you aqcuire the full rights to your innovation just incase you get jitted off by you consultant.
By Faith on Jul 19, 2011
In most countries, except USA, the “first to file” rule applies. This means that the best way to protect your invention is to file a patent application as soon as possible. The other methods to “proof that the invention was made by you” are of limited value. There is obviously legal avenues that could be followed if your consultant jitted you off. However, if you want to avoid legal avenues (like most of us), you must check the credentials of your consultant, or use consultants that were recommended to you. In most countries attorneys’ work are governed by statute and their work should comply to certain standards.
By Wessel van Wyk on Jul 20, 2011