Why make use of a Patent Attorney?

December 3, 2008
Intellectual Property News and Interesting Facts

Even though it is possible to file a patent application at the South African Patents Office directly and obviously save on patent attorney fees, the downside is the possibility of attacks on the patentability of an invention two or three years down the line.

The reason is simple. The South African Patents Office is a non-investigating office. This means the burden rests on the applicant to ensure that the invention is novel, original, useful in commerce or agriculture, relevant under Patent Law and not falling under another category of Intellectual Property Law, and not published before.

The patent attorney is qualified not only as lawyer in Intellectual Property Law, but also in the engineering field and will ensure the above.

The client will thus minimize the risk of attacks on the patentability of an invention by making use of a patent attorney right from the start.