If you have an idea that you believe could revolutionize an industry or address a pressing problem, it is essential to comprehend why you should patent your idea. Obtaining a patent offers numerous benefits and is a crucial step in protecting your intellectual property. By securing your idea, you...
The second step is to file a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection. The complete patent application will claim a first (or “priority”) date from your provisional...
The first step is to file a South African provisional patent application for your invention. This is done to obtain the earliest possible date from which to claim rights to your invention – much like an option to protect your invention. Obtaining a patent is a two-step process that is spaced 12...
International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and...
International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and...
International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and...
International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and...
There is currently no legislation in terms of Industrial Property in South Sudan and therefore it is not possible to obtain registered trade mark, patent or design rights.
Smit & Van Wyk assists with the protection of Intellectual Property in Sudan, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to...
Failure to have a thorough understanding of renewal fee deadlines can have dire consequences for patentees and design owners. If a renewal fee is not paid within the 6 month grace period after the renewal fee deadline, the patent or design will lapse with a concomitant loss of rights to the...
Research and Development Research and development in the life sciences can be extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one needs in order to bring a drug or biological product to market, and most academic or other...
It is very important for applicants to do a patent search for similar inventions before applying for protection. A patent search will indicate whether your idea or inventions has been patented before. Although novelty can never be determined conclusively, an indication of the...
Novelty Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches. South Africa has a so-called “absolute” novelty requirement, which implies that any disclosure anywhere in the world before the...
Inventions which cannot be Patented in South Africa Exclusions as inventions in terms of the South African Patents Act:Anything which consists of a discovery; a scientific theory; a mathematical method; a literary; dramatic, musical or artistic work; or any aesthetic creation; a scheme, rule, or...
Novelty Search (R 5 000 – R 10 000) A novelty search is conducted prior to filing a Provisional Patent Application to identify potentially novel and/or inventive aspects of an invention in light of what already exists (i.e. the prior art). Although a novelty search is not suggested for...
It is important to note that patents are territorial rights – a patent granted in South Africa can be enforced in South Africa only. However, you may, within 12 months of filing your South African provisional patent application, file foreign patent applications based on your provisional patent...
Research and Development Research and development in the life sciences is extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one needs in order to bring a drug or biological product to market, and most academic or other research...
In simple terms, South African patents may be granted for inventions that are: New, Inventive and Useful. If your invention meets these three requirements, generally, subject to certain exclusions detailed below, a patent may be granted for the invention in terms...
When considering filing a patent application in a foreign jurisdiction, generally the first consideration for clients is whether or not the subject matter of the “invention” is eligible for patent protection in a particular jurisdiction. Thereafter, it is prudent to establish if the country...
Step-by-step guide on how to patent an idea. Qualified patent attorneys specialise in the identification, protection, prosecution and enforcement of patents. An Attorney who has this qualification is entitled to register and file a patent in South Africa. The South African Patent Office will check...