|
Trade patents are patents granted for inventions relevant to industry as opposed to agriculture. In South Africa the process of applying for trade patents is the same as for agricultural patents.
The application for patent rights regarding trade patents is accompanied by specifications, details of the inventor, the invention, and an application fee.
The details of the inventor include that of full names, residential address, capacity, and occupation. The features of the invention are described and the application is supported with drawings or photographs and where possible a prototype or model of the invention.
Applications are filed with CIPRO and normally the route is a two step process. If the inventor is still testing and improving on the invention, a provisional application is filed first. The date of filing is known as the priority date.
The inventor then has twelve months to file the complete application. This period can be extended for three months. If the inventor makes changes in the twelve months, a second provisional application can be filed before the complete application is submitted.
Once registered trade patents are valid for 20 years, giving the inventor monopoly rights over the inventions for the whole period, provided that annual renewal is done. Failure to renew the patents will result in patent lapsing.
The inventor must then submit an application for patent restoration with supporting explanation and documentation. The South African Patent Office Registrar decides on the issue.
We at Smit & Van Wyk are qualified patent lawyers able to assist with all legal aspects surrounding trade patents. Our services range from novelty searches to complete patent application assistance, patent management, and litigation, renewal, and restoration applications.
Get the legal help you need to ensure that your patent applications are done correctly in South Africa. Contact us for assistance today.
|
