International Protection

International Patent Protection

It is important to note that patents are territorial rights – a patent granted in South Africa can be enforced in South Africa only. However, you may, within 12 months of filing your South African provisional patent application, file foreign patent applications based on your provisional patent application – however, only once each such foreign patent application has proceeded to grant will you have an enforceable patent right in any such countries. This does not mean that you cannot start marketing your invention in such countries, it means that you cannot obtain a patent right if you do not file and prosecute each patent to completion in each of your target markets.

There is no such thing as a “worldwide” patent.
You have to file a patent application in each country in which you wish to protect your invention. There are, however, option which allow you to keep your rights open in most foreign countries before finally deciding on such countries – please contact us to discuss these options. Through our network of foreign patent agents we can file foreign patent applications in your countries of interest.

More information regarding Patents

Patents – In simple terms, a South African patent may be granted for an invention that is: New, Inventive and Useful. If your invention meets these three requirements, generally, subject to certain exclusions detailed below…

Biotech Patents – Research and development in the life sciences is extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one needs in order to bring…

International Patent Protection – It is important to note that patents are territorial rights – a patent granted in South Africa can be enforced in South Africa only. However, you may, within 12 months…

Software Patents – Historically, software has been protected primarily through the provisions in the South African Copyright Act. Examples of subject matter for copyright protection of computer programs and mobile apps are…

Requirements for Patent Application – We need a full, detailed technical description of the invention in order to draft a patent specification. If you have a prototype or drawings of your invention…

Plant and Animal Sciences – According to the patent laws of several countries, one cannot obtain biotechnological patent protection for plant or animal varieties, or essentially biological processes for the production of plants or animals…

Patent Search – It is very important for applicants to do a patent search for similar inventions before applying for protection. A Patent Search will indicate whether your idea or inventions has been patented before. Although novelty can never be determined…

Patent Requirements – Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches. South Africa has a so-called…

Patent Costs – A novelty search is conducted prior to filing a Provisional Patent Application to identify potentially novel and/or inventive aspects of an invention in light of what already exists (i.e. the prior art)…

Patent Exclusions –  Anything which consists of a discovery; a scientific theory; a mathematical method; a literary; dramatic, musical or artistic work; or any aesthetic creation; a scheme, rule, or method for performing a mental act…