Gadget Inventions

A gadget is one of those small inventions that has a useful specific practical purpose and function. But is it possible to patent a gadget? It is important to remember one thing when it comes to trying to patent a gadget; in order for a patent to be granted, the gadget or invention has to be of some practical use to commerce, industry or agriculture, and it must not be so obvious that a good technician would expect it. One other important requirement for your gadgets or inventions before being patented is that they must be new. This means that the gadget must be so completely novel that it will stand up to a novelty search. A search has to be carried out through previously granted patents to see that no such invention or gadget exists, not only in South Africa, but also in other countries. Once you have established that the item does not exist in any way anywhere else then you can go ahead with an application for a provisional patent.

Application forms for a provisional patent for your gadget inventions can be found at the Companies and Intellectual Property Registration Office (CIPRO), which is a division of the Department of Trade and Industry. This office is in Pretoria. The forms you will need are:

These forms need to be submitted along with a detailed drawing of the invention and a written description of it. The wording of the description is extremely important, and must be in in sufficient detail for a person skilled in the art (i.e. the relevant area of technology) to make and use the invention. It is strongly advisable to seek the services of a qualified Patent Attorney who can make the application on your behalf.

Once you have your gadget or invention provisionally filed you have 12 months in which to apply for the full patent. This gives you an opportunity to start production of the gadget and to iron out any difficulties. You will also be able to start exploiting the inventions. In granting the patent, the State gives you the exclusive rights to that invention for a period of twenty years. This right enables you to exclude others from making, using, selling, offering to sell or importing the gadget or invention. It does not necessarily give you the right to make use of the invention in this way (for example if the invention were to be a new drug, the production thereof may be governed by other laws). The patent is, in effect, a limited property right that the State offers to inventors in exchange for their agreement to share the details of their inventions with the public.