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 Lawyers in the Application Process
January 13, 2010
Patents
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.
Patent
January 12, 2010
Patents
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
January 12, 2010
Attorneys
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.
