A patent attorney is an attorney who has specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as patent litigation.
The term is used differently in different countries, and so may or may not require the same legal qualifications as a general attorney. A patent attorney is sometimes known as a patent lawyer or a patent agent, although in some jurisdictions the latter does not possess a law degree.
In South Africa, patent attorneys must have passed examinations in Intellectual Property Law. The South African Institute of Intellectual Property Law in Pretoria or Johannesburg administers these examinations.
The passing of these examinations enables attorneys to call themselves patent attorneys and binds them to a code of ethics that is administered by the Council. Patent attorneys in this country must have a science or engineering qualification, usually a degree, as well as a law degree. This is necessary because of the obligation for the comprehension of the technical drawings and inventions that must accompany any application for a patent.
Because of the often complex nature of patent law, it is always to an inventor’s benefit to engage the services of a patent attorney to file any application for a patent on his/her behalf. Applications for patents are made to the offices of CIPRO or the Companies and Intellectual Property Registration Office in Pretoria.
Patent attorneys are trained in the practice of patent law and will ease the burden of the application. In order for you to apply for a patent for a particular invention, it must be shown that it complies with three basic principles. It must be: New - South Africa has a so-called "absolute" novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your patent rights.
An inventor may sometimes unwittingly destroy the novelty of his/her own invention by disclosing it prior to filing a patent application. However, certain acts of disclosure may be excused in terms of our patent law.
- New - South Africa has "absolute" novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a patent application will eliminate the novelty of the invention, thus forfeiting any patent rights. An inventor may sometimes unwittingly destroy the novelty of his/her own invention by disclosing it before filing for a patent application.
- Inventive - The test for inventiveness under South African patent law is to infer whether an expert in the area of the invention would consider it to be obvious or not. An invention that is obvious to someone skilled in the art is not considered to be inventive.
- Useful – The invention must be useful to commerce, industry or agriculture.
It is absolutely essential that, if you wish to register your invention for a patent, you consult with a patent attorney and seek his advice.
Inventors may consult an attorney at the South Africa Patent Office for 30 minutes free of charge with any query on Intellectual Property. The contact number is 012 394 5087.
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