The patent novelty requirements in South Africa are similar to most countries in Europe. An invention is deemed patentable if it also meets the patent novelty requirements as set out by law.
The following are seen part of patent novelty requirements:
- The invention must be new.
- No written, oral or broadcasting disclosure of the invention must have been made prior to the provisional application date which is seen as the priority date.
- The invention must not have been included in Prior Art before the priority date.
If an inventor discloses information about his invention prior to the filing of an application, he will thus destroy the novelty of the invention which means that it cannot be patented. Even secret usage of the invention in commerce will render the novelty void.
To avoid misunderstanding of disclosure the following guidelines are provided:
- Disclosure for the purpose of a technical trial is acceptable.
- Disclosure for the purpose of assessment and development is acceptable.
In addition to the above, the concept must also be based on inventive steps and must not be obvious to someone skilled in the trade. Another requirement is that it must useful in industry and or agriculture. The invention must fall within the scope of the South African Patents Act of 1978.
Contact us to help you establish whether your invention does meet patent novelty requirements through novelty searches conducted.
Databases at the Patent Office, the Internet and internationally are searched. In addition journal and media disclosures are assessed.
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