The term “inventor” is not explicitly defined in the South African Patents Act. However, an inventor can be understood as a person who creates an invention that meets the requirements of patentability under the Act – namely, that it is novel, inventive, and capable of industrial or commercial application.
Similar to how patent claims are interpreted in terms of integers (essential elements), an inventor is generally the person who combines those integers to form the invention.
Co-inventors
If one person contributes to the integers in one claim and another person contributes to integers in a different claim, they are considered co-inventors or joint inventors. Likewise, if both persons contribute to the integers of a single claim, they are co-inventors. If a single person combines all the integers in a patent specification, that person is the sole inventor.
Inventorship Disputes
In cases of inventorship disputes, where different individuals contributed to different claims, the claims to which a person cannot demonstrate inventive contribution may be removed to resolve the dispute. Upon filing a patent application, the inventor signs a declaration confirming they are the true inventor. Any misrepresentation in this declaration may serve as grounds for revocation of the patent.
