Smit & Van Wyk Attorneys » Patent Lawyers

Defending patent rights

Daleen — Wed, 07 Apr 2010 09:37:43 +0000

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.

Prepaid Debit Card Patent Developments Over the Past Decade

Daleen — Wed, 03 Feb 2010 08:50:27 +0000

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.

Role of the Patent Lawyer in South Africa

Daleen — Wed, 03 Feb 2010 08:28:36 +0000

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 licence 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

Daleen — Thu, 14 Jan 2010 07:58:35 +0000

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.

Role of Patent Lawyers in the Application Process

Daleen — Wed, 13 Jan 2010 06:32:03 +0000

Patent Lawyers in South Africa are able to assist in the whole patent application process in more than one way. Firstly the patent lawyers will file a provisional patent application at the Patent Office. This is the first step to ensure that the invention date can be stipulated. In case of a later dispute the earliest filing date will be taken into consideration. The patent lawyers will then complete the patent application process within 12 months of the filing. This will also be done in all the countries outside South Africa where you want to get patent rights. As part of this process the patent lawyers will do novelty searches, help with the specifications and get a qualified person to assist with the drawings, will establish the usefulness of the invention, and the inventiveness. Since South Africa doesn’t have an investigating Patent Office, it is the task of the patent applicant or his lawyers to ensure that the invention meets the requirements of a patent.

Lawyers

Daleen — Tue, 12 Jan 2010 07:30:28 +0000

At Smit & Van Wyk Incorporated we specialise in all matters related to intellectual property. Our lawyers, most of whom are also qualified engineers or scientists, are dedicated individuals, skilled in their fields of practice, and can provide clear advice on complex legal matters to clients from all over the globe.

But our dedication to our clients stretches much further than simply being at the top of our game from an intellectual and technological point of view. We strive to provide you with a comprehensive service while maintaining focus on your best interests at all times. Apart from litigation procedures and registration processes, our lawyers can also help you determine what intellectual properties you possess of, of what value they are to you, and what you can do to not only protect them, but also how to best exploit them fully commercially and strategically.

Patent

Daleen — Tue, 12 Jan 2010 07:28:25 +0000

Why apply for a patent? It requires quite a bit of effort and takes time. But it also provides you with much safety and can help to ensure that you enjoy the fruits of your labour.

If you have invested the time, effort and finances into developing a new invention that is useful, a patent will protect your right to enjoy the financial benefits associated with this invention for a certain time period. There are a number of requirements to prove the uniqueness and usefulness of your invention before a patent is granted, and the quickest way to complete this process will thus be to speak to a professional that can advise you on all the correct procedures.

Smit & Van Wyk Incorporated is a specialist South African legal practice dealing exclusively with intellectual property law, including the registration of and the matters surrounding a patent. Contact us for any advice you may need regarding this topic.

Gauteng lawyers

Daleen — Tue, 12 Jan 2010 07:27:38 +0000

At Smit & Van Wyk Incorporated we pride ourselves on being leaders in the field of intellectual property. We exclusively specialise in all matters related to this sector if the law, and provide all types of legal services that are related, including providing advice on the commercial rights attached to patents, trademarks, industrial designs and copyright, to litigation relating to each of these forms of protection. But what sets us apart from other Gauteng lawyers?

Our workforce is extremely dedicated and highly skilled in their profession. Not only do our Gauteng lawyers possess the necessary knowledge and experience regarding the legal aspects of intellectual property, but most of them are also qualified engineers or scientists. This ensures that they are invaluable in negotiating patents of inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology and Software. So be sure to contact us for your intellectual property legal requirements.