The term intellectual property reflects the idea that this subject matter
is the product of the mind, the brain or the intellect. If you have
a sparkling idea, one that has not been thought of before, there is
a good chance that you can protect it from being copied and made use
of by anyone else.
There are two breeds of patent lawyers in South
Africa that have been specifically trained in the laws governing intellectual
property, patent attorneys and trademark attorneys. Both patent attorneys
and trademark attorneys have a qualification from the South African
Institute of Intellectual Property Law. Each is bound by a code of
ethics that is administered by the Council of the Institute and is a member
of that institute.
There are four Acts of Parliament in South Africa that
have been written to protect your ideas, and these are the Patent Act, The
Trademarks Act, The Designs Act and the Copyright Act.
Patent Attorneys are
the experts in Intellectual Property in the larger law firms who can help
you in all aspects of the law. Patent attorneys in South Africa have an engineering
or science degree as well as their law degree.
One of the first things that must be done before applying for a provisional patent is to carry out a Novelty Search. This search must be carried out at the CIPRO offices in Pretoria. CIPRO stands for the Companies and Intellectual Property Registration Office. It is extremely difficult to evaluate whether or not an invention is new, but carrying out a search through existing printed publications may assess its newness.
Most western countries other than South Africa now have their existing patents listed in databases on the Internet making attorney searches all the more easy. If your invention is really new and nothing similar has been patented anywhere else in the world, and it meets all other requirements, that is to say that it is inventive and would be useful to trade, industry or agriculture, then an application may be made for a patent.
A Novelty Search in South Africa is a long and drawn out affair, and it is wise to have a Patent Attorney or Agent carry out the search on your behalf.
The next step in your quest for a patent is the application for a provisional patent, and this is certainly best done by a patent attorney. The South African Patent Act states that:
- (1) A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. and that:
- (2) Anything which consists of:
- a discovery;
- a scientific theory;
- a mathematical method;
- a scheme, rule or method for performing a mental act, playing a game or doing business;
- a program for a computer;
or the presentation of information, shall not be an invention for the purposes of this Act.
If you have any queries regarding patents, you should get the advice of a South African Patent Attorney.
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