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A royal decree refers to a law issued by a monarch, king or other form of head of state such as a president according to specific regulations and procedures as set out by the constitution of the country.
A royal decree is thus enforceable by law.
A royal decree can for instance, be awarded by the courts to provide exclusive rights to an invention. Inventions granted exclusive rights are patented. In essence a patent doesn’t give one exclusive rights to an invention, but rather excluding rights.
As such one obtains the right to monopoly and thus excluding others from making, using, and distributing the invention without permission from the inventor.
The requirements for patentability of an invention differ amongst the countries of the world and the extent of the exclusivity granted. Patent applications in most, should be accompanied by a claim or claims regarding the invention.
The invention must be novel, not obvious to someone skilled in the trade, applicable to industry or agriculture, and the application should contain specifications according the laws of the country.
In South Africa, software programs and business methods are excluded from patentability, but such patents have been awarded in other countries. It is best to consult an intellectual property attorney regarding the patentability of your invention before proceeding with the registration of such for patent rights.
The rights awarded, give the inventor the ability to prevent others from commercially benefitting from the invention without a license agreement in place.
The patent attorney will not only assist with novelty searches and the assessment of the claims made, but also the whole application process, renewal of rights, setting up of agreements, and handling of litigation issues.
Contact us today for more information and assistance in obtaining a royal decree regarding an invention.
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