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Some of the questions surrounding patent requirements often received by the SVW patent lawyers are briefly answered below.
For which features may a South African invention be granted patent rights?
The patent lawyers of Smit & Van Wyk will work with you to get patent rights granted for an invention that is novel, inventive, and useful.
What are the novelty requirements for inventions to be registered as patents in South Africa?
Patent and literature searches by the patent lawyers should reveal that no other applications for the same or a similar invention should be in progress or registered.
Any disclosure of the invention before the provisional or the complete application anywhere in any broadcast, video, magazine or by word of mouth will destroy the chances of an invention being granted patent rights based on the fact that it is not seen as novel anymore. Specific acts of disclosure however, may be allowed.
If a patent is not yet registered in South Africa, but is already registered in another country, can a person register and use it here?
No, unless you are the inventor you will not be able to register the invention for patent rights as it will not meet the requirements of absolute novelty.
Only the original inventor who applied for the patent rights in the country of origin will thus be able to do so. You will however, still be able to use the invention in South Africa, if you have a license agreement to do so. It is also possible to exploit the invention in South Africa if it is not protected in South Africa by the inventor.
Our patent lawyers will then to freedom to operate search before you proceed.
Contact us for assistance with any of the above mentioned.
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