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As an inventor or entrepreneur you may have several questions about your invention patent. We have answered a few of the questions normally associated with an invention patent below.
What is seen as an invention patent?
It is the granting of monopoly rights to the usage and commercial gain for a specific period regarding the material form of a new idea such as a car, engine, light, and more. New discoveries, scientific methods, mathematical formulas, methods for doing business, playing games, computer programs, methods for performing specific mental acts, and the way information is presented cannot be patented.
What does novelty mean?
The invention must meet novelty requirements and such must thus be new, original and not used or disclosed in public before the priority date of application.
Is the right to monopoly granted internationally?
No, it is only granted in the country of origin where the applicant resides or is a citizen. For international recognition and protection an application must be filed in the individual countries. Fortunately countries are grouped in regions and at present 124 countries belong to a treaty which makes it possible to apply once for recognition in all the countries.
Do I have to conduct the novelty searches of will the registration office do that?
You have to conduct the novelty searches. The SA Patent Office does not investigate claims. The responsibility lies with the applicant. It is recommended that you make use of the services of intellectual property lawyers such as Smit & Van Wyk to help you with the invention patent novelty searches and application for monopoly rights.
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