A few pointers regarding patent registrations are briefly provided below to help you make an informed decision regarding patent registrations in South Africa and abroad.
Enforceable patent rights
Although a provisional patent application certainly provides the applicant with a time window to make improvements to an invention and test the commercial viability of the invention as well as provide it temporary protection against infringements, it doesn’t provide an enforceable right to the inventor. The inventor thus cannot stop another from exploiting the invention during this time. For complete protection and enforceable rights it is necessary to apply for complete patent registrations.
Numbers and patents
Once a provisional application is made, the inventor can mark the item with the phrase of provisional patent application number which is followed up by the application number.
Once the patent has been approved, the inventor can place the words of patent number followed by the patent number on the item. It is against the law to mark an item with any of the mentioned phrases if the application has not been filed. Likewise it is also illegal to mark the item with simply patent number followed by the number, if the patent has not been granted yet.
Cost of patent registrations
Inventors should note that the cost of patent registrations ranges depending on the complexity of the invention and the preparation for filing such. A general idea of the costs is however, around R8000-R12000 for a provisional application. The complexity of drafting should be considered.
The complete application is more expensive and it is thus recommended that you file for provisional patent rights first to establish the commercial potential of the invention during the twelve month window allowed. Contact us for patent application assistance today.