South African Patent Law

September 28, 2009
Intellectual Property News and Interesting Facts

In South African Patent Law, a patent is an exclusive right that is conferred for a specific period of time to an inventor or other entitled person in exchange for the full disclosure of the invention to the public.

A patent is looked upon as property and it may be sold by assignment to another party, or it may be licensed for other people’s use by means of a license agreement.

In such an agreement the holder of the patent retains all rights of ownership and the licensee has the right to use the invention for a fee.

The Patents Act of 1978 governs Patent Law in South Africa. Through this act Letters Patent may be issued to an applicant conferring monopoly rights to him or her in respect of a new invention.