Eligible Patents In South Africa and Abroad
June 8, 2011
Patents
Eligible patents are the inventions which qualify for patentability according to the patent office and acts of the specific country or the specific patent cooperation treaty for a region or group of member states.
Some inventions cannot qualify as eligible patents including for instance, scientific methods and mathematical formulas. In South Africa computer programs cannot be eligible patents, but are protected under copyright.
The European Patent Convention provides a list of inventions which cannot become eligible patents including that of works of aesthetic creations, information presentations, rules for performing mental acts, rules for playing games, computer programs, discoveries, and scientific theories as well as mathematical formulas.
It is important to note that the subject matter for eligible patents differs from country to country and treaty to treaty. As such it is important to get legal guidance regarding what is seen as an eligible patent in a specific country.
Smit & Van Wyk can assist in this matter. We have an extensive team of experienced patent attorneys and support staff to provide legal guidance to inventors who wish to register their inventions as patents in South Africa and abroad.
In South Africa an invention must be novel, not obvious to someone skilled in the particular trade, useful in industry or agriculture and original. It must involve an inventive step. In the USA an invention must meet the requirements of process, and manufacture, composition of matter or machine to be considered as an eligible patent.
The USPTO is an examining office whereas in South Africa the patent office is a non-examining office. This simply means that the responsibility lies with the patent attorney or the applicant to ensure that the invention meets the requirements for an eligible patent. As such the patent attorney conducts a complete patent search to ensure that the invention is indeed novel.
The attorney furthermore assesses the invention for originality and inventiveness. In addition the attorney ensures that the application is completed correctly and that all claims made are done correctly in addition to assisting the client in the drawings and specifications settings.
Contact us at Smit & Van Wyk for legal guidance regarding eligible patents.
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
Gauteng Patent Attorney
January 12, 2010
Attorneys
If you have designed or invented something new or useful it is up to you to ensure that nobody else copies your idea and reaps the benefits of your hard work before you can. If you have not applied for a patent, there is almost nothing you can do to protect your invention.
Gauteng patent attorney Smit & Van Wyk Incorporated specialises in matters concerning the protection of intellectual property, and will be able to guide you through the intricate process of applying for patent right.
Along the way their might be some obstacles. In some cases, a patent will not be granted to you if you have disclosed your invention in any way already.
As a leading Gauteng patent attorney, Smit & Van Wyk Incorporated will be able to warn you of such clauses, helping you protect your interests in the best possible way.
Patent Attorney
January 5, 2010
Patents
If you are the inventor or part of a group of inventors that came up with a new, innovative product, you will be well-advised to contact a patent attorney.
You may qualify to register your invention, which will protect your intellectual property rights regarding this product, and allow you to solely exploit the commercial benefits of this invention for a set period of time.
A professional patent attorney will be able to advise you whether this is possible, and successfully guide you through the necessary steps, ensuring the process is completed as quickly and efficiently as possible without compromising your potential benefits.
If it is a patent attorney you are looking for, the look no further than Smit & Van Wyk Incorporated. We are a specialist South African legal practice dealing exclusively with intellectual property law.
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
Attorney
January 4, 2010
Attorneys
If you have invented something that you feel should be protected by registering it as a patent, you probably should get in touch with an attorney who specialises in this field as soon as possible.
Such an attorney will be able to help you determine whether your invention qualify to be registered, assist with the application process, and manage all elements involved to ensure that the process is not compromised.
One of the most important things to remember is to keep your invention secret at all costs.
This is not said out of paranoia, but rather because disclosing the invention before application for a patent might disqualify it, based on the fact that it is not considered new anymore.
The next step would be to contact Smit & Van Wyk Incorporated.
We specialise in all matters related to intellectual property and will be able to provide you with an expert attorney to guide you through the process.
Patent Attorneys
November 26, 2009
Attorneys, Patents
Smit & Van Wyk Incorporated specializes in all legal matters concerning intellectual property, making us the perfect service provider to turn to when requiring patent attorneys. Our field of practice include litigation relating to patents, as well as providing advice on this form of protection.
As expert patent attorneys we can confidently guide you through the process of successfully applying for a patent, as well as assist you in protecting your rights as an existing patent owner.
Apart from the traditional forms of engineering and gadget-type inventions, our patent attorneys are equipped to deal with inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology and Software.
Whatever the nature of your invention is, if you are in need of patent attorneys, or need advice regarding this section of intellectual property, be sure to contact Smit & Van Wyk Incorporated.
6 EASY STEPS to – Patent your Invention – Click here!
Contact Details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
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