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Background on Patent Appeals
There are numerous examples of patent appeals in the USA, Japan and Europe. Although South Africa doesn’t have an investigating patent office, patent appeals may also be lodged here when such patents are challenged and the challenges are won by other parties.
An example of successful patent appeals is that of Nintendo, which recently won an appeal over the technology applied in specific console game controllers.
In South Africa such patent appeals will be litigated in the courts by skilled patent lawyers.
The European Patent Office, the United States Patent Office and the Japan Patent Office are examples of authorities employing patent examiners.
The patent examiners must assess the inventions to determine whether the inventions meet all the requirements of patentability. This is also important for South African inventors who want to patent their inventions in other countries.
The examiners are skilled in sciences, technology, engineering, and law. They have extensive experience and are able to assess the obviousness of an invention, usability, uniqueness, novelty, and whether the specifications and description as well as drawings are done correctly.
Should a patent application fail on the grounds of one of the above, it is possible to appeal by bringing new information to the table and showing evidence to support the claim to patentability of an invention. Additional examination by other examiners may follow.
Should you require assistance with patent appeals, challenges to the patentability of your invention or infringement of your intellectual property rights contact us at Smit & Van Wyk for assistance today.
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