Patent Applications
January 7, 2010
Patents
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.
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Patent Applications
November 26, 2009
Patents
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.
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Backlog of European Patents
May 26, 2009
Intellectual Property News, Patents
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.
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New Invention – Beer that helps to restore Vitamin B
March 25, 2009
Intellectual Property News, Inventions, Patents
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.
Patent Links
- Gadget Invention Patent Application – Even before you take the gadget invention to another party for review and assistance, file the all important provisional patent application.
- How to Patent Inventions – To protect your rights as an inventor you need to file patent applications for your inventions in each country, where protection is sought.
- Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
- Patent Application – Contact Request
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Patent Application: A Two-Step Process
March 25, 2009
Intellectual Property News, Patents
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.”
Patent Links
- Gadget Invention Patent Application – Even before you take the gadget invention to another party for review and assistance, file the all important provisional patent application.
- How to Patent Inventions – To protect your rights as an inventor you need to file patent applications for your inventions in each country, where protection is sought.
- Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
- Patent Application – Contact Request
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- Share on Linkedin
- Tweet about it
- Buzz it up
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