Smit & Van Wyk Patent, Trademark & Registered Designs

Why Patent your Invention?

Intellectual Property

Patents protect inventions, how they work, what they do, what they are made of and how they are made. A Patent gives the owner the right to prevent others from exploiting their invention without permission. Your invention can be exploited by others who copy, make, use, import or sell your invention. A Patent is also your claim to ownership of the idea and without a Patent you do not have monopoly for your product unless your invention is a trade secret. Trade secrets are only protected as long as the information is kept secret. Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting searches. South Africa has a so-called “absolute” novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your rights. An inventor may sometimes unwittingly destroy the novelty of his / her own invention by disclosing it prior to filing an application.

Patents are time and date sensitive. You have 12 months in which to file a complete application based on your South African provisional application. However, should you wish to proceed with the filing of a complete patent application, it is important that you contact us within 10 months or so of filing your provisional patent application in order to give us sufficient time to draft and prepare a complete patent application for your invention – failure to do so will result in a surcharge being levied for urgency. In addition, failure to file a patent application or patent applications within the set deadlines may result in your patent rights being forfeited.

Posted on 18 January 2013
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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.