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Intellectual Property News
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    Smit & Van Wyk, Inc.

    The Role of the Patent Attorney

    The patent attorney is a well qualified lawyer specialising in intellectual property rights as pertaining to inventions.

    Patents are protection granted to the inventor or patent holder against the copying, exploitation, usage, and distribution of the patented invention by other parties. As such the patent attorney deals with the application process, renewal process, and any litigation needed regarding infringement.

    To act as a patent attorney one has to be qualified as lawyer and scientist or engineer in the specific fields of invention that you want to operate in.

    The reason is simple. Since South Africa doesn’t have an investigating patent office, but rather an administrative one, it is up to the patent applicant and his patent attorney to ensure that the invention meets all the requirements for patentability.

    The attorney conducts the patent searches at the South African and overseas patent offices where applicable, handles the whole application, ensures that the required documentation accompanies the application, that fees are paid, and that all the requirements regarding uniqueness and usability are met.

    When it comes to filing patent applications in other countries, the applicant cannot do so without the help of a patent attorney. Riddled with complexities, the process requires someone well versed in law and who understands the various patent treaties.

    Our team is experienced, able to handle the normal applications, overseas applications, license agreements, renewals, requests for restoration of lapsed patents, and litigation issues. As such browse our patents section for answers regarding the process of application, infringement challenges, and any related patent issues.

    Contact us for expert assistance today.

     




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