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Provisional patents form part of a two step patenting process in South Africa. Although you can directly apply for a complete patent application, it is better and more cost effective to go the route of provisional patents first.
There is a twelve month period that is allowed when a provisional application is filed in which the applicant must file the complete patent application. The reason for allowing a provisional application is to make it possible for the inventor to get the earliest possible protection.
When a patent dispute arises, the initial filing dates of the provisional patents are considered. The one first filed will thus be the one that is valid.
Provisional patents hold several advantages including that of cost savings. Complete applications are more expensive and with the possibility of you deciding not to register for patent rights after all since you will not commercially exploit the invention, you don’t want to spend thousands on that. By applying for provisional rights first, you get a twelve month window in which you can decide to proceed with the complete application or not.
In addition, you will have the window of opportunity to still make improvements to your invention and to ensure that the drawings and specifications are one hundred percent correct.
It should however, be noted that any changes made to the provisional patent specification must still be kept secret until the changes have been noted in the second provisional application or the complete patent application.
From the above information it becomes clear that it is to the inventor’s benefit to file for provisional patents at the soonest possible date. If you need assistance regarding patent applications, you will benefit from our expertise in the field. Contact us today for immediate help and guidance.
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