A patent family refers to a group of patents registered in several countries to protect a single invention. The process begins with a patent application filed in one country, which then establishes priority. This priority can be extended to other countries that are part of the same application process.

A patent family therefore represents one invention that is patented in multiple countries by the same inventor or group of inventors. All patents within the family are linked by shared priority numbers and common priority dates.

The concept of a patent family dates back to 1883 with the introduction of the Paris Convention. The relationship between the patent application document and its priority determines how the patent family is described. Although patents in the same family share a common origin, they may differ in scope of protection, depending on the claims accepted by patent offices in various countries.

Patent Family Search

When performing a patent search, it is also possible to search for the entire patent family. Although database organizers aim for consistency to ensure that all related documents can be retrieved, some documents may still be missing due to differences in data systems or record-keeping practices.

A useful comparison can be drawn between a patent family and a human family, where every document is related in some way and connected through shared priorities. Within a patent family, there are both active and non-active priorities. Simple patent families usually include only active priorities, while more complex families may contain both.

To ensure that all documents related to a patent family are located, it is advisable to work with patent attorneys who are familiar with international databases and who understand how to perform comprehensive patent searches.

The Importance of a Patent Search

Before applying for protection, applicants should always search for similar inventions. A patent search helps determine whether an idea or invention has already been patented. Although it is impossible to determine novelty with absolute certainty, conducting patent and literature searches online can provide an indication of how unique your invention may be.

South Africa has an absolute novelty requirement, meaning that similar inventions registered anywhere in the world can destroy the novelty of your invention. If a similar invention already exists, it will not be possible to obtain protection under the South African Patents Act, since the invention will no longer be considered new.

Recommended Patent Search Resources

• Google Patent Search
• Google Advanced Patent Search
• United States Patent and Trademark Office Search
• European Patent Office Search
• Global Patent Index

Patent attorneys can perform a professional search on your behalf, but you can also conduct an initial search yourself using online databases.