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Patent Attorneys

Patents, Designs, Trade Marks and Copyright

The Smit & Van Wyk team of experienced patent attorneys are able to give you the best legal advice regarding your inventions and ideas. We are a specialist legal practice that deals exclusively with patent and trade mark law in South Africa and across Africa. Our  Our fields of practice encompass all aspects relating to patents, trade marks, designs, copyright, including litigation, as well as providing advice on the commercial rights attached to each of these forms of protection. Once the intellectual property of a business has been identified, it is recommended to take steps to protect it, whether by means of registered forms of intellectual property protection such as patents, trade marks, designs, or unregistered forms of intellectual property protection, such as copyright, contractual agreements or non-statutory forms of protection. Smit & Van Wyk has received a number of awards and has been listed by various legal guides.

View our Awards & Listings.

Patent & PCT National Phase Applications

A patent is an exclusive right granted by a sovereign state to an inventor for a limited period of time in exchange for the details of that invention. The procedure for granting a patent vary widely between countries according to national laws and international agreements, but a patent application must include claims that define the invention. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness. It is highly recommended that your claims be written by a qualified patent attorney or patent agent. Read More: How to patent an idea

Smit & Van Wyk Intellectual Property law firm specialises in Patent PCT National Phase applications in most African countries including South Africa, Angola, Algeria, Botswana, Egypt, Nigeria, OAPI and ARIPO Contracting states. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing, prosecution:

  • Prepare and prosecute patent and PCT applications;
  • Advise on the patentability of inventions;
  • Help clients license, franchise or assign their rights;
  • Conduct patent searches;
  • Handle the payment of maintenance fees;
  • Record amendments to a patent;
  • Translate patent specifications into local Languages.

Trade Mark Attorneys

A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Read More: How to register a trade mark in South Africa. Examples of Trade Marks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures. A registered trade mark can be protected forever.

Our services includes trade mark searches, prosecution, maintenance and enforcement, but more specifically:

  • Providing advice on the registrability;
  • Selection, use and retention of trade marks;
  • Preparing and prosecuting trade mark applications;
  • Helping clients license or franchise their rights;
  • Handling of trade mark maintenance including payment of renewal fees and
  • Recording amendments.
Africa | Intellectual Property

African Territories

Smit & Van Wyk provides a full range of IP legal services in all African countries where Intellectual Property protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ IP needs in Africa.

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Intellectual Property Blog

Validation of European patents in Morocco

Validation of European patents in Morocco Validation of European patents in Morocco with effect from 1 March 2015 The system for validating European patents in Morocco introduced under the validation agreement between the European Patent Organisation and the government of the Kingdom of Morocco provides European patent applicants with a simple...

Morocco Patents

Morocco Patents Patent & PCT National Phase Applications Morocco patents require absolute novelty and have a duration of 20 years from date of filing. Annual renewal fees are payable from the 3rd anniversary of the filing date. Morocco is a member of the Patent Cooperation Treaty and the Paris Convention. The Moroccan Patent Office does not...