Eligible Patents In South Africa and Abroad
June 8, 2011
Patents
Eligible patents are the inventions which qualify for patentability according to the patent office and acts of the specific country or the specific patent cooperation treaty for a region or group of member states.
Some inventions cannot qualify as eligible patents including for instance, scientific methods and mathematical formulas. In South Africa computer programs cannot be eligible patents, but are protected under copyright.
The European Patent Convention provides a list of inventions which cannot become eligible patents including that of works of aesthetic creations, information presentations, rules for performing mental acts, rules for playing games, computer programs, discoveries, and scientific theories as well as mathematical formulas.
It is important to note that the subject matter for eligible patents differs from country to country and treaty to treaty. As such it is important to get legal guidance regarding what is seen as an eligible patent in a specific country.
Smit & Van Wyk can assist in this matter. We have an extensive team of experienced patent attorneys and support staff to provide legal guidance to inventors who wish to register their inventions as patents in South Africa and abroad.
In South Africa an invention must be novel, not obvious to someone skilled in the particular trade, useful in industry or agriculture and original. It must involve an inventive step. In the USA an invention must meet the requirements of process, and manufacture, composition of matter or machine to be considered as an eligible patent.
The USPTO is an examining office whereas in South Africa the patent office is a non-examining office. This simply means that the responsibility lies with the patent attorney or the applicant to ensure that the invention meets the requirements for an eligible patent. As such the patent attorney conducts a complete patent search to ensure that the invention is indeed novel.
The attorney furthermore assesses the invention for originality and inventiveness. In addition the attorney ensures that the application is completed correctly and that all claims made are done correctly in addition to assisting the client in the drawings and specifications settings.
Contact us at Smit & Van Wyk for legal guidance regarding eligible patents.
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
The Patent Office Role
June 8, 2011
Attorneys, Intellectual Property News
The patent office is the authorized office appointed by a country’s government that controls and oversees the issuing of patent rights to inventors. The patent office has the right to refuse the granting of a patent right if the invention and or application does not meet requirements.
The South African Patent Office resides with CIPRO which oversees the registration of business entities in the country. Apart from country-based patent offices, there are also various patent organisations and treaties which regulate the granting of patents in regions and several countries at once.
An example of such is ARIPO, which stands for the African Registration of Intellectual Property Organization. It is an inter-governmental organisation which promotes collaboration among numerous African countries in intellectual property matters including patents.
Countries which are members and parties to specific protocols including the Banjul for trademarks and Harare for patents adhere to the specific guidelines and rules for patent granting via ARIPO. The organisation has 17 member states. One can apply through ARIPO for patent rights in any of the member states.
A well-known patent office is that of the USPTO, which stands for the United States Patent & Trademark Office. Based in Virginia USA, the USPTO works together with EPO, standing for the European Patent Office and also the JPO, which stands for the Japan Patent Office. Whereas many patent offices, such as the South African Patent Office are non-examining patent offices, the USPTO is a Receiving and Examining Office as well as an authority on international patent searches.
The process of patent application may seem forward enough, but there are numerous pitfalls to avoid. International applications must be done with the help of intellectual property attorneys. In South Africa one doesn’t need to make use of a patent attorney for the provisional application, but must do so for the permanent or complete patent filing.
Contact us at Smit & Van Wyk for expert legal advice and assistance in patent applications at the South African Patent Office or internationally.
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
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Meiring Naudé Avenue
Pretoria
0184
South Africa
Use of Patent Pending Phrase
February 8, 2011
Attorneys, Patents
Patent pending is a term used to indicate that a patent filing is in progress with USA Patent Office. It serves to warn others that a patent application has been made pending the outcome of examinations by the Patent Office that patent rights will be issued regarding the specific invention. Although one cannot take legal action against infringements while the patent is pending, one can do so once the patent rights have been granted.
As such would be infringers are warned by usage of the phrase patent pending that they may be held liable for damages caused by the infringement from the filing date once the patent rights have been granted. The so-called damages may include royalties dating back to the priority or initial filing date.
One may not use the phrase of patent pending unless a patent application has been filed with the patent office of the specific country. As such it is essential to note that only once you have filed the patent application at the US Patent Office that you will be able to use the phrase to indicate that a patent is pending.
It is essential to prevent any delays in the patent application to ensure that the patent pending status can change to patent registered as soon as possible for full legal protection. In the USA one may file for a provisional patent for utility patents in which case the inventor must file for the standard patent within 12 months from the provisional patent filing. The inventor still has the right during the application process to use the phrase of patent pending.
With patent application processes differing from one country to another, it is essential to get legal advice regarding the applications, terms that may be used and manner in which products can be marked in the various countries.
Contact us at Smit & Van Wyk today to assist with the filing of patent rights in South Africa, Europe, African countries, and the USA.
The importance of South Africa Patent Attorneys
April 7, 2010
Patents
South Africa patent attorneys assist clients in the application process to obtain invention rights.
They help with the completion of forms, description of the invention, signing of documents, setting up the specifications, and also agreements with third parties. Once the patent has been granted to the client, the South Africa patent attorneys will remind the client of payments due to the South African Patent Office for renewal of rights.
The patent attorneys also assist with international patent applications once the application has been filed in South Africa. Where the client wants to transfer rights to another party, the South Africa patent attorneys will help to setup agreements.
In addition any disputes or litigation required will be handled by the attorneys.
Intellectual Property Process
January 5, 2010
Intellectual Property News
Smit & Van Wyk Incorporated specialises in intellectual property law, which means we can help you protect your invention by way of a patent.
These are the steps for this intellectual property process:
- KEEP THE INVENTION SECRET. Do not market or sell it until a patent application has been filed at the South African Patent Office.
- Contact us to discuss patent or other protection for your invention in detail.
- We can also discuss the possibility of conducting cursory, fixed-cost patent searches to provide you with background information of what has been patented before in your field.
- Should you wish to proceed with the patenting process, we shall, upon receipt of a deposit, prepare a patent specification for the invention.
- The patent specification will be forwarded to you for approval.
- When you are satisfied that the patent specification is complete, we shall file a patent application at the South African Patent Office in Pretoria.
Only after we have confirmed that the patent application has been filed may you disclose your invention.
Contact us if you require more information on this intellectual property process.
