April 7, 2010 | Patent
The Smit & Van Wyk Gauteng patent Attorneys assist clients in various ways including that of consultation. One example of a situation where the guidance of the Smit & Van Wyk Attorneys will be useful is that of knowing the rights that are obtained when a patent application is successful. Advice will be provided such as that the patent rights are only valid for 20 years according to the specific country’s laws and subject to the renewal fees payment. In addition the client will be advised on the exploitation rights associated with the invention. If for example, a person invented a soda machine that is an improvement on another type of soda machine, the rights owner will only be able to commercially exploit their patent rights on the improved machine if the permission of the original rights owner of the machine improved upon is obtained.
No Comments »
January 7, 2010 | Patent
Before you jump the gun and submit complete patent applications, consider the benefits of first applying for a provisional patent. Once a complete patent application has been filed, it is impossible to add additional matter. These patent applications are also much more expensive than the provisional applications. The benefit of this two-step approach is the fact that it gives you time to determine the financial feasibility of the patent and to finalise you invention, before making this additional financial investment. Is there a market for your invention that will motivate this investment? And does your invention need to be refined more before it is perfected and ready for a complete patent application?
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to advise you on the best routes and to guide you through the process quickly and efficiently.
No Comments »
November 26, 2009 | Patent
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.
No Comments »
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.
No Comments »
Beer lovers now will have reason to drink more of their favorite beverage as a new invention of a beer to help restore Vitamin B levels in the body has been made. The new invention apparently holds several health benefits including the improvement of nervous system functioning, reduction in the risk of pancreatic cancer as well as helping with depression. The new invention has won a gold medal at the Budapest Fair Center in 2004. With this it can be said that something good is brewing. Many inventors don’t realize how significant their new invention is until it actually makes headlines. Patenting it however, should be the first step before disclosing valuable information which may render the patent application for the new invention void. The second step should be to effectively market it to ensure that you can benefit from the commercial exploitation of the new invention.
No Comments »
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.”
No Comments »
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.
No Comments »
October 2, 2008 | Patent
The patenting procedure used in South Africa does not include a search by the South African Patent Office authorities. Nor does it include a substantive examination of the patent specification, nor any opposition proceedings. Because of this, if the formal documentary requirements are satisfied, a patent will usually be granted on the application. However, at any time during the life of a patent, a third party can apply to the Commissioner of Patents for revocation of the patent on a number of prescribed grounds, which include lack of novelty and obviousness. Generally a South African application is formally accepted within about six to nine months of filing, provided the formal requirements have been satisfied. A patent is issued within two or three months, and then the scope of allowable amendments is restricted.
No Comments »
