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.
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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.
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September 28, 2009 | Attorneys
Provisional patent applications are made to the CIPRO Offices in Pretoria. Applications must include forms P1, P2 and P6 and, if being made by an attorney or agent, P3. It is important that the description of the specification that goes with form P6 is comprehensive and clear, and where applicable, detailed drawings must be attached, all on A4 pages. Provided that the provisional patent application has been accepted, the applicant will receive a reference number in case he or she needs to make reference to the proposed patent.
Once approved the applicant then has 12 months in which to make a Complete Patent Application. This time limit is extendable for a small fee. It normally takes up to 6 months to have complete patent application accepted.
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September 28, 2009 | Patent
If you are an inventor and you have a new invention that you would like to patent, then the safest way of going about obtaining that patent is to make use of patent lawyers. Patent lawyers, or patent attorneys as they are called in South Africa, have passed examinations in Intellectual Property Law and have qualified for membership of the South African Institute of Intellectual Property Law, and being members, are bound by a code of ethics that is administered by the Council of the Institute.
Patent lawyers must have an engineering or a science degree as well as their law degree, since this is an absolute necessity for the understanding of the technical drawings that must accompany any patent application.
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