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Certain novelty requirements have to be met when filing for patent rights. Novelty refers to the uniqueness of the invention.
To determine whether the novelty requirements for a patent application are met, it is necessary to conduct specific patent and literature searches at the South African Patent Office, the Internet, and databases. This is normally done by the patent agent or lawyer on behalf of the applicant.
The novelty search is done to establish with as much certainty as possible whether there exist any disclosures, similar patents or patent applications for the same type of invention anywhere in the world. In South Africa, absolute novelty is required.
This means that there may not be any disclosure or patent or patent application for the same type of invention anywhere in the world.
Inventors sometimes unknowingly destroy the chances of getting their inventions patented because they tell their friends and family about the inventions, meet with potential investors about the inventions, and sometimes start to use the inventions before filing for patent rights.
As such the novelty requirements cannot be met. It is thus imperative that the investor keep the details of the invention secret until the patent application has been filed.
Any improvements should also be kept secret until noted in the second provisional application or the complete patent application.
There is a grace period for disclosure and also certain circumstances that will be excused by the law. To be sure that your invention meets novelty requirements for patentability, get in legal help from Smit & Van Wyk Intellectual Property Attorneys in South Africa.
Contact us for assistance today.
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