Patents | Getting Started
June 15, 2011
Attorneys, Patents
1. Novelty Searches in view of obtaining patent protection for an invention:
If a product or concept identical to yours is already in existence anywhere in the world then you cannot obtain patent protection for the same concept in South Africa (or in most other countries for that matter). However, should you have invented an improvement on an existing concept and the improvement is (i) new, (ii) inventive, and (iii) has a use in trade, industry or agriculture, then such improvement may certainly be patentable.
In order to get an indication of whether such a product already exists anywhere in the world, we are able to conduct a fixed-cost, fixed-time novelty search through the European and American patent offices’ databases. Such a search would give an indication of the novelty of the invention, however, keep in mind that it would not guarantee the invention’s novelty. (The cost for such a search is typically R3000 including VAT for a fixed-cost, 2 hour patent novelty search and reporting thereof).
2. Patent and/or registered design protection:
Click here for our Patents Brochure to assist in answering some of your questions regarding the patenting process.
Click here for our Designs Brochure which provides more information regarding the filing of design applications, if applicable.
The drafting of a patent specification or a design application is best done by registered patent attorneys. Our charges for the drafting and filing of a provisional patent application at the South African Patent Office range between R10000 and R15000 and depends on the complexity of the invention. This includes the official Patent Office fee, as well as the costs of all drawings, which are done by our draughtsman. As such, we do not require formal drawings from you – merely a good description of the invention and some freehand drawings. It usually takes about 20 working days for the preparation and forwarding of the specification to you for approval prior to filing.
If all goes well and there is a market for your product, you should, within 12 months from the date of filing of the provisional patent application, file a so-called complete patent application which, in South Africa, will be about 30% more than the cost for drafting and filing of the provisional patent application. Foreign patent applications also need to be filed at such time, given a reasonable possibility of success in a foreign market.
Design registrations, if suitable, cost in the region of R4500 for the first application, and R4000 for subsequent registrations filed at the same time.
4. Click here and complete our Invention Description Form (IDF) so that we may provide you with a more accurate cost estimate. We will be able to provide you with information regarding the suitability of your invention for design protection upon receipt of the completed IDF. The IDF also contains the website addresses of the US and EU patent offices, where you may conduct your own patent and design searches to obtain an indication of whether your idea already exists.
5. Our communications with our clients are subject to attorney/client privilege and are treated in a highly confidential manner.
6. We look forward to hearing from you. Please keep the invention secret until it has been protected.
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.
Defending Patent Rights
April 7, 2010
Patents
Role of Pretoria patent lawyers in defending patent rights
Since South Africa doesn’t have an investigating patent office, the applicants must make sure that their inventions meet the minimum requirements for patents.
As such it can happen that the patentability of an invention can be questioned by another party even when the patent has been registered.
The Pretoria patent lawyers of Smit & Van Wyk make sure that every application that goes through our office does indeed meet the minimum requirements and more for patentability. Areas that can be challenged include that of obviousness of the invention, originality, and usefulness.
If a patent has been disclosed previously before filing for registration, another party may question its validity.
If you find yourself in such a situation get in contact with the team of Pretoria patent lawyers to help with litigation.
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
Role of Gauteng Patent Lawyers
April 7, 2010
Patents
Some of the key responsibilities regarding patent applications of the Smit & Van Wyk Gauteng patent lawyers are briefly described below.
The Smit & Van Wyk Gauteng patent lawyers assess the inventiveness of the application and assist in the completion of all relevant documents to ensure that the applicant’s rights are protected to the maximum.
Our team of Gauteng patent lawyers provide a range of consultation and litigation services including that of agreement setup and review, and the taking of steps against parties guilty of patent rights infringement.
Our team furthermore handles the renewals, conducts novelty searches, helps with the filing of claims, and assists with writing the descriptions for the patent applications ensuring that the applications are done professionally.
Additional Articles & Information
How to patent inventions?
Patent protection
Patents in South Africa
Patent Owners
Prepaid Debit Card | Patent Developments
February 3, 2010
Patents
Research results published at the GetDebit website (www.getdebit.com) indicate that patent applications published regarding prepaid debit cards have increased tremendously from 2001 to 2009.
It does however, seem that there are still only a few major players regarding prepaid debit card patent applications including the likes of MasterCard, Visa, and American Express. The research published at the site also suggests that the successful issuing of patent applications regarding the debit cards still go mainly to the bigger companies with only a few awarded to smaller players in the field.
American Express and First Datacorp lead the market in the USA for patent applications being granted to them.
New innovations in the USA and smaller countries such as South Africa, may change the picture during the next couple of years.
Additional Articles & Information
How to patent inventions?
Patent protection
Patents in South Africa
Patent Owners
