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Some of the frequently asked questions received by our patent lawyer division are briefly answered below.
What does the phrase ‘patent pending’ mean?
It is a designation that indicates the status of a patent. The designation can only be used once the patent provisional application has been made. It is unlawful to use the phrase for an invention, if there is no application in progress.
Which qualifications do one need to become a patent lawyer in South Africa?
Apart from the legal degree and qualifications, a person also needs to qualify as a scientist or engineer in the specific field in which he or she wishes to practice.
What is patent restoration?
If the patent renewal fee is not paid within the specified period, then a patent lapses. A person can apply for patent restoration which the patent lawyer handles.
Who decides the outcome of a patent restoration application?
The Patent Office Registrar considers the motivation, supporting documents, and circumstances surrounding the patent lapse. The final decision regarding the patent restoration lies with the Patent Office Registrar who with regards to patent restoration has decision making authority that can be compared to that of a High Court judge.
What is a patent troll?
It is a business entity or a person that obtains patent rights with the aim of filing lawsuits for royalty payments against the manufacturers of the relevant products.
Does a person need a patent lawyer for a patent application in other countries.
Yes, since it is a rather complicated process a person will need to make use of the services offered by a patent lawyer.
If you need answers to other patent related questions view the Patents section, our articles, and the blog. You can also contact us directly for patent lawyer assistance.
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