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There are several patent requirements that an invention must meet to qualify for patent rights. The three main patent requirements are briefly discussed below to help you make an informed decision regarding patent applications in South Africa.
The invention must be novel
Novel means that the invention must be original and not in use anywhere in South Africa. Absolute novelty is one of the most important patent requirements in the country.
It means that there may not be any disclosure through magazines, journals, newspapers, broadcasting or any form of media of the invention prior to the provisional application filing date. It is also important that no discussions of the patent may have been made with any party not involved in the invention. There are fortunately disclosures that will be accepted in terms of the law.
Our patent attorneys conduct a novelty search through the patent databases, journals, directories, the Internet and more to establish the novelty of the invention.
In addition it is important to note that even if an invention is not yet patented in South Africa, but already in use in another country, it will be considered as not new since it is already in use. You cannot take that invention and apply for patent rights in South Africa, unless you are the inventor.
The invention must be unique
If there are similar inventions which have already been disclosed to the public through literature or the patent specifications to yours, then your invention cannot be seen as unique. If someone skilled in the field of your particular invention assesses the invention, the person must not see it as obvious. If an invention is obvious, it doesn’t meet the South African patent requirements.
The invention must be useful
The invention must be useful to industry or agriculture. It must be of practical usage value.
The invention must thus be useful, unique, and novel to meet the patent requirements of South Africa. Contact us for assistance regarding patent applications today.
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