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
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

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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

1. 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.
2. 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.
3. Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
4. Patent Application – Contact Request

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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. Patent Inventions

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Guidance by Patent Attorneys

April 7, 2010
Patents

The Smit & Van Wyk Gauteng patent Attorneys assist clients in various ways including that of consultation. One example of a situation where the guidance of the Smit & Van Wyk Attorneys will be useful is that of knowing the rights that are obtained when a patent application is successful.

Advice will be provided such as that the patent rights are only valid for 20 years according to the specific country’s laws and subject to the renewal fees payment.

In addition the client will be advised on the exploitation rights associated with the invention.

If for example, a person invented a soda machine that is an improvement on another type of soda machine, the rights owner will only be able to commercially exploit their patent rights on the improved machine if the permission of the original rights owner of the machine improved upon is obtained.

Patent Links

1. 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.
2. 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.
3. Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
4. Patent Application – Contact Request

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Patent

January 5, 2010
Patents

If you have created an invention that is new, useful and has the potential to generate an income for you buy either the function it perform, or by reproducing and selling the invention, you will be well-advised to apply for a patent on this invention.

If the patent is granted, it means that the government will protect your sole right to exploit that invention for a certain period of time, meaning that you can enjoy the benefits of your work fully.

There are various requirements for registering a patent, and the best is to speak to a legal representative in this field to ensure you follow the correct route.

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.

Patent Links

1. 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.
2. 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.
3. Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
4. Patent Application – Contact Request

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