Smit & Van Wyk Patent, Trademark & Registered Designs

Patented

Intellectual Property

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 should protect them from being exploited by others. The type of protection you are entitled to depends on the type of intellectual property you have. An invention or idea should be patented, a company logo is protected by registering a trademark and a photograph is protected by copyright. Inventions may be patented as long as the application satisfies certain requirements. In South Africa a patent may be granted for an invention that proves new and can be used in trade, industry or agriculture.

Patent Duration

South Africa South African – patent is valid for 20 years provided that it is renewed annually before the expiration of the 3rd year from the date of filing in South Africa.

United States United States – patent is valid for 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed. Renewal fees are paid annually.

China China – patent is valid for 20 years from the filing date.

Japan Japan – patent is valid for 20 years from the Japanese filing date (for a PCT case, from the international filing date).

Top 10 most Patent Applications for 2015

patents
Image source: www.statista.com
Posted on 1 April 2016
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Intellectual Property in South Africa

Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.

Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. 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 and prosecution.

South Africa Intellectual Property
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.