Role of the Patent Lawyer in South Africa
February 3, 2010
Patents
Oftentimes the terms Patent Lawyer, Patent Attorney or Patent Agent are used interchangeable. In short a person who wants to act as a patent lawyer in South Africa must be qualified in engineering and the law.
The patent lawyer acts on behalf of the client regarding patent filings and oppositions.
All legal aspects surrounding patents fall within the work scope of the patent lawyer. As such whether a person wishes to file a patent application, simply wants a patent search done, requires assistance with the setting up of a patent license agreement, or want to oppose a patent application, the patent lawyer should be the first stop.
Patent applications may go through when you apply directly, but you will also face the risk of several lawsuits or opposition if you have not done your research on its originality, usability, and the requirements as set out by the Patent Office for a patent to be valid. As such the first person to speak to before commencing with any application should be the patent lawyer.
Patent Law
January 14, 2010
Patents
The Patent Law in South Africa requires that an invention meets three important conditions:
• Novelty
• Usefulness
• Inventiveness
Under the Patent Law the invention must be completely new. As such the patent lawyers will conduct a novelty search in trade magazines, online, through databases, and newspapers around the world to establish whether any reporting was done on the invention prior to filing for patent rights.
In addition the Patent Law requires that the invention must not be obvious to someone skilled in the specific subject area and it must be useful. Inventing something that cannot be used in commerce, medicine or for instance agriculture will thus not constitute the right to a patent.
Under the Patent Law something that can be useful will be considered. The best way to ensure successful filing and granting of a patent is to go through patent attorneys when applying for patent rights.
Patent Lawyer in Gauteng
January 12, 2010
Patents
As a leading Gauteng patent lawyer, Smit & Van Wyk Incorporated has extensive experience in successfully applying for patents.
Here are our basic steps and advice to you when applying for a patent:
- KEEP THE INVENTION SECRET until a patent application has been filed at the South African Patent Office.
- Contact us to discuss patent protection for your invention.
- We can also discuss the possibility of conducting patent searches to provide you with background information of what has been patented before in your field.
- We shall then, upon receipt of a deposit, prepare a patent specification for the invention.
- The patent specification will be forwarded to you for approval.
- Thereafter we file a patent application at the South African Patent Office in Pretoria.
- Only after we have confirmed that the patent application has been filed at the Patent Office may you disclose your invention.
Whatever you intellectual property protection requirements are, Smit & Van Wyk Incorporated should be your Gauteng patent lawyer of choice.
Patent Lawyers
January 5, 2010
Patents
When dealing with inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology, and Software, you will need the services of expert patent lawyers.
These are fields in which the generation of intellectual property in the form of patents are essential to successfully compete against more established players.
Smit & Van Wyk’s patent lawyers are all dedicated individuals with a range of specialities and extensive experience in their field. They will be able to successfully guide you through the patent registration process as quickly and efficiently as possible. They are also available to provide valuable information and advice, as well as to help you protect your intellectual property if you are the owner of an already existing patent.
Contact Smit & Van Wyk Incorporated to get in touch with some of the leading patent lawyers in the country.
Patent Lawyer
January 5, 2010
Patents
So, you have created a new invention, and now want to protect it by means of registering the patent.
The best advice is to work through a professional patent lawyer to ensure your interests are fully protected. In order for successful registration, a patent lawyer will require some basic information:
- Details of the invention: a detailed, technical description of the invention together with a description of the functions it performs and the distinguishing features of your invention.
- Details of the inventor(s): in terms of the South African Patents Act, full names and residential address of the inventor(s) that contributed to the invention are required.
- Details of the applicant: patents can be filed in the name of a person, such as the inventor, or a legal entity, such as a company.
- Details of the client: the Financial Intelligence Centre Act requires legal service providers to identify who their client is.
Smit & Van Wyk Incorporated are specialists in intellectual property. A patent lawyer from our office will be able to guide you through this process successfully.
