Intellectual Property Law

Intellectual property law in South Africa refers to all legislation concerning patents, designs, trademarks and copyright protection. It is meant to protect the intellectual property of legal entities, as intellectual property can also carry significant value and is...

Public Domain Works

Public domain works refers to intellectual property that is not owned by anyone. The term indicates that these properties are therefore “public”, and available for anyone to use. The public domain can be defined in contrast to copyright, trademarks or...

Patent Attorneys

Smit & van Wyk, Inc. patent attorneys deal with matters related to patents and designs in Africa. Our specialised team of attorneys also cover other aspects of intellectual property law including trademarks and copyright. A patent is an exclusive right granted by...

Patented

There are several categories of Intellectual Property in South Africa. The overall concept of Intellectual Property relates to ideas and creations of the mind. Your ideas and creations can take the form of an invention, design, mark, song, photograph or poem, and you...

Register a Patent

To register a patent in South Africa is a two-step process, with the two steps being spaced 12 months apart. The reason for this two-step approach to patents is to give you time to determine the market for your invention, and to refine your invention into its...

Patent Exploitation

A patent grants exclusive rights to an inventor for a fixed period of time in exchange for the public disclosure of that invention. A patent is an exclusionary right which gives the owner the right to exclude others from making use of or infringing the patent in any...

Patent an Invention

How to Patent an Invention In order to patent an invention it has to be New, Inventive and Useful. This means that the invention has to be useful to agriculture and industry, involve an inventive step and fall within the categories of allowable inventions for South...

Patent Duration

Patent duration refers to the period in which the patent holder has monopoly rights to their invention, the granting of usage, distribution, and marketing rights to others, and the right to commercial benefit from such for a specific period. Patent duration is...

Filing a Patent

To file a patent for an invention in South Africa Requirements for the invention to be considered eligible for patent rights: – Novel, Original – Not obvious to someone skilled in the art – Applicable in industry, commerce or agriculture –...
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