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Why Search Patents In South Africa And Abroad
It is essential to search patents before filing for a complete patent application in South Africa. In addition to filing for patent rights in South Africa, one may also want to file for patent rights in Europe and the USA.
For such you need to search patents at the relevant patent offices and as many as possible online patent databases. Google provides a free site to search patents making it possible to get an overview of registered and pending patents around the world even before filing for a provisional patent application in South Africa.
Why Search Patents?
In South Africa, the inventions for which patent applications are submitted must meet the requirements of absolute novelty. It means that the invention must not be in use, sold, distributed or marketed anywhere in the world before the filing date.
It also means that there may not be any applications for a similar invention anywhere in the world. In addition there may not be any registered inventions similar to the one that you want to register as a patent.
When you search patents you thus get confirmation that your invention is unique and that no information about it has been disclosed anywhere in the world prior to the filing date.
If you thus search patents, you minimize the risk of the application being rejected, the invention rights being challenged, objectives lodged regarding the invention, and lawsuits for infringement.
Spending a bit of time and money to search patents is thus an investment into the validity of the patent that you want to register.
Although there are certainly no limit to free resources where you can search patents, knowing how to search patents and analyse similarities is essential.
The intellectual property attorneys have years of experience in how to search patents and conduct as thorough as possible searches.
Contact us at Smit & Van Wyk to help you search patents.
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