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 conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches on the internet.
South Africa has an “absolute” novelty requirement, which means that similar inventions anywhere in the world will destroy the novelty of your invention, thereby forfeiting your patent rights. If similar inventions exist in any another country it will not be possible to obtain patent protection for the invention in terms of the South African Patents Act as you are not the inventor. In addition, in terms of the absolute novelty requirement of our Patents Act, the invention can also no longer be considered “new”.
Patent Attorneys may conduct a search for your Invention, but you may also search for similar patents yourself. Visit the following links to search for similar Patents:
Web Links for Patent Search
Contact one of our patent attorneys for more information regarding services related to patent applications, renewals and litigation in South Africa. Call us: +27 (0) 12 349 7800 or