How to Register a Patent

October 13, 2011
Intellectual Property Information, Inventions, Inventors, Patents

Always keep your inventions a secret – Do not market or sell the inventions until the patent application has been filed.

Obtaining a patent is a two-step process spaced 12 months apart.

Step 1
File a provisional patent application in South Africa.
(to obtain the earliest possible date from which to claim rights to your invention)

Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.

Step 2
File a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection.

To register a patent for your invention there are a 3 basic requirements that an invention need to adhere to according to South African law:

All patent applications must be:

1. New
   This “absolute” novelty requirement implies that any disclosure anywhere in the world before the filing date of a patent application in South Africa, will destroy the novelty of your invention, thereby forfeiting your patent rights.
2. Inventive
   There may be 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.
3. Useful
   Inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.

A few examples of invention categories:

1. Machines
   Machines can be mechanical devices or various devices together with a specific function that will lead to an outcome.
2. Manufactured items
   This include any items not already included under machines, but which are tangible.
3. Components
   The result of a mixture of compounds whether chemical or mechanical.
4. Processes
   Specific steps or treatments which lead to an outcome that can be measured.
5. Improvements
   Alterations to any of the above mentioned products.

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How to protect my Invention?

September 19, 2011
Inventions, 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.

If your invention is new, inventive and useful, then it might qualify for patent protection.

Patent Applications

Remember to keep your invention a secret until the patent application has been filed. Do not market, or sell it until a patent application has been filed.

Obtaining a patent is a two-step process spaced 12 months apart.
Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.

Feel free to contact us should you have questions or require assistance with any patent related matter.

Contact Details for Smit & Van Wyk:

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

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Patent Attorneys in Pretoria

August 30, 2011
Patents

Patent Attorneys South Africa

If you are looking for assistance regarding patent registration, assignment, licensing, and litigation against an infringing party or defence against a patent challenge, Smit & Van Wyk should be the first choice of patent attorneys Pretoria has to offer.

The Smit & Van Wyk team of patent attorneys in Pretoria has extensive experience in all areas of patent law and can also assist in the filing of foreign patent applications.

Being located in Pretoria, we are also close to the South African Patent Office and the main courts of the country.

Our patent attorneys in Pretoria are not only qualified in law, but more specifically in intellectual property laws as well as scientific and technical fields. As such they are qualified to assess the usefulness, inventiveness, and non-obvious state of the invention.

South African Patent Office in Pretoria

In addition, our patent & trademark attorneys in Pretoria handle patent searches at the SA Patent Office in Pretoria and various patent databases to establish the novelty of the patent.

We have a group of experienced support personnel and we make use of the latest software and technology to ensure efficiency and currency.

Our patent attorneys group in Pretoria can assist foreign agents and patent applicants with the filing of patent registration in South Africa as well as numerous other African countries.

Inventions

Our patent attorneys, Pretoria based have experience in biotechnology, biochemistry, bioinformatics and nano-technology in addition to normal engineering and scientific related patents.

As such we can also assist in the unconventional types of patent cases. When it comes to patent registration, challenges, and disclosures as well as licensing agreements, you will appreciate our expertise.

Avoid pitfalls and ensure maximum protection for your intellectual properties.

Contact the experienced patent and related intellectual properties attorneys of Smit & Van Wyk for professional legal assistance today.

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Patent Formula Questions

May 10, 2011
Attorneys, Patents

Some of the frequently asked questions about patenting for example, a patent formula are briefly answered below.

Can I patent a formula?
You cannot patent formulas for Mathematics, but you can patent formula applications such as software for applying the patent formula.

If something is new, original, and useful can it be patented?
If it involves an inventive step and is useful to trade or agriculture it can be patented. A patent for a scientific formula, however, will not be granted. Treatments and formulas cannot be patented.

What about a patented formula for medication?
Many pills are patented, but not the formulas, rather the end products. As such you should take note that you cannot patent a surgical procedure.

Why can’t a discovery be patented?
Similar to patenting a formula, a discovery is not the result of human creation. It was there before and you simply discovered its existence. The fact has not changed just because you discovered such. If you are able to use the discovery and create an invention based on the discovery you will be able to patent such.

Why is a patent formula of Mathematics not patentable?
The information has been there and you simply discovered it. In addition, math formulas are considered valuable and thus of use to the public.

Apart from a patent formula, why can products of nature not be patented?
A physical phenomenon cannot be patented because you did not create such. The same applies for a living thing. You can also not patent a combination of bacteria if properties still occur in nature. You can pretty much not take credit for something which is already there and thus not new.

Now that you understand why it isn’t possible to patent formulas, you can review the patent section to discover what is patentable. Contact us for assistance regarding the registration of patents.

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Guidance by Patent Attorneys

April 7, 2010
Patents

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.

Patent Links

1. 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.
2. 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.
3. Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
4. Patent Application – Contact Request

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