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Amongst the nations of today there is a well developed patent protection system to grant the inventor the monopoly rights to his invention. Since patents are most certainly the most restrictive types of intellectual property, it goes without saying that there will be numerous regulations governing patent protection.
Since we live in an age, where it is rather rare to come up with a totally new invention not based on something done before, innovativeness as embedded in patent protection allows for inventions which take two existing concepts and combine them to form a unique product.
Take for instance, the roller shoes available today. With roller skates a product, and shoes being another type of product, an inventor combined the two ideas to bring about shoes that you walk with as normal, and if you want, can roller skate for short distances.
Adaptations of previous inventions can thus still be patented provided that the new inventions are not obvious. By this it is meant that a person skilled in the specific area should find the invention to be unique and not something that is obvious.
A person can for instance, not take an invention and simply make it to handle more of the same task. It must be innovative to qualify for patent protection.
Usefulness is closely related and means that the invention must first work and second be a functional item for the particular industry. If you come up with an invention that will be of no use to anyone, it will not qualify for patentability. Inventions that can only be used for immoral purposes will also not qualify for patentability.
A third requirement is that there should be no former or present disclosure of the features of the invention to the public other than in the application. As such no broadcasts, adverts, and articles or reports should exist about the invention.
Every country has its requirements to be met for an invention to qualify for patent protection. As such intellectual property lawyers who know the various treaties and understand the process of patent filing in South Africa and abroad, play an important role in helping inventors patent their inventions.
If you need assistance with patenting your invention, contact us at Smit & Van Wyk today.
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