How to Apply for a Patent?
September 22, 2011
Inventions, Inventors, Patents
To protect your rights as the owner of an invention, you need to file a patent application for the invention in each country, where protection is sought.
Always remember to KEEP THE INVENTION SECRET and do not market or sell the invention until a patent application has been filed at the South African Patent Office.
Obtaining a patent is a two-step process spaced 12 months apart.
Click here for the Patent quick submission!
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Patent Services Durban
July 15, 2011
Patents
Smit & Van Wyk, Inc. is a specialist South African legal practice dealing exclusively with patents and inventions. If your invention is new, inventive and useful, generally, a patent may be granted for the invention in terms of South African Patent Law.
Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches.
Smit & Van Wyk, Inc. patent services covers all areas in Durban including, Westville, North Beach, Ocean View, Umhlanga, Pinetown, Amanzimtoti and many more.
Smit & Van Wyk, Inc. patent services in Durban includes:
- Patent Prosecution
- Patent Applications
- Patent Searches
- Patent Litigation
- Patents Industrial Designs
- Advice on licensing and assigning Patents
- Assistance in applying for government grants
- Drafting and preparing of patent specifications
- Filing and prosecuting international patent applications via the Patent Co-operation Treaty (PCT) and overseas patent applications via the Paris Convention
- High Court Litigation
For more information on our patent services in Durban, please call us at 012 349 7800, or email us at enquiries@svw.co.za
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Patent Services Cape Town
July 15, 2011
Patents
Smit & Van Wyk, Inc. is a specialist South African legal practice dealing exclusively with patent law. If your invention is new, inventive and useful, generally, a patent may be granted for the invention in terms of South African Patent Law.
Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches.
Smit & Van Wyk, Inc. patent services covers all areas in Cape Town including, Green Point, Sea Point, Camps Bay, Hout Bay, Claremont, Durbanville, Table View, Bloubergstrand and many more.
Smit & Van Wyk, Inc. patent services includes:
- Patent Applications
- Patent Searches
- Patent Prosecution
- Patent Litigation
- Drafting and preparing of patent specifications
- Filing and prosecuting international patent applications via the Patent Co-operation Treaty (PCT) and overseas patent applications via the Paris Convention
- High Court Litigation
- Patents Industrial Designs
- Advice on licensing and assigning Patents
- Assistance in applying for government grants
For more information on our patent services in Cape Town, please call us at 012 349 7800, or email us at enquiries@svw.co.za
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- Buzz it up
- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
Copyright on the Content of Patents
March 7, 2011
Intellectual Property Information
Copyright on the content of patents is still new and legislation differs from country to country. In the USA you can obtain copyright on the content of patent applications if you include a specific notice that stipulates that the disclosure of the patent document contains copyright protected material.
The notice should also state that the owner of the work does not allow the reproduction of the patent document or disclosure as available at the USA Patent Office or records. As such for the copyright on the contents of patents to be legally binding the notice must also include that all copyrights are reserved.
The drawings and text of the application will not be copyright protected without the authorisation notice.
Some discussions have been ongoing regarding the copyright on the content of patents. One may argue that the specifications are the product of creativity and may thus not be copied.
The other end of this argument is that specifications are merely a part of the whole patent application. The invention itself receives the protection. With that in mind the specifications can be republished anywhere as such will form public domain.
Unlike with the copyright on patent application content, copyright can exist in a trademark. The specific phrase can be coined as a trademark, but the wording can be original and as such also eligible for copyright protection.
The same then applies for the photos used in trademark and design applications. If the photos are then copyright protected then so should the drawings of the patent application. It is exactly the complex nature of Intellectual Property Laws which makes it necessary to consult an intellectual property attorney regarding copyright on the contents of patents.
Should you wish to gain such, contact us at Smit & Van Wyk for expert legal guidance and assistance.
Patent Portfolio Management Tips
February 8, 2011
Attorneys, Intellectual Property News, Patents
The patent portfolio can be described as the group of patents owned by a company, person or consortium whether related to a specific technology or totally unrelated to each other. Building a strong patent portfolio is essential for effective market competition.
A patent portfolio can also have exceptional financial value in terms of royalties payable to the owner thereof and the prestige associated with such. In addition well developed patent portfolios also provide the owners thereof a competitive edge and also limitation on the competitor actions.
Once the lifespan of a patent in the portfolio expires the patent becomes public domain.
To ensure that the value of the patent portfolio is always improved, new patents must be added to the portfolio once old ones expire. Often overlooked in terms of the market value, the patent portfolio of a company can be its biggest asset.
Effective management of patent portfolios is thus essential as part of overall profit management. One of the core steps in proper portfolio management is to include only claims which are directly related to the specific invention in patent applications.
Careful management of divisional patent applications is also essential as every patent application filing costs money. File one application for each invention.
Although it sounds simple enough, many patent applicants make the mistake of not dividing the technology involved in an invention before filing the application. It can cause a delay in the application and also create loopholes for competitors.
Identify license possibilities and exploit such to the fullest as part of the patent portfolio management. Income from royalties can be gained through numerous license agreements. Finally also ensure that you make use of experienced patent attorneys for assistance regarding the development and management of patent portfolios.
Smit & Van Wyk is the ideal law firm for this purpose. Contact us for an appointment and legal advice today.
