| |
| |
|
|
Tel: +27 21 526 2800
Fax: +27 86 660 6208 / +27 21 526 2801
|
|
|
|
INVENTIONS WHICH ARE NOT PATENTABLE IN SOUTH AFRICA
The following are not patentable in South Africa:
- discoveries
- scientific theories
- mathematical methods
- aesthetic creations
- business methods,
schemes or rules
- schemes, rules or
methods for playing games or
performing mental acts
- computer programs
- the presentation of
information
- animals or plants or
biological (not
microbiological) processes
for the production of
animals or plants
- methods of treatment of
the human or animal body by
surgery, therapy or
diagnosis
In the case of business methods
and computer programs, the
restriction only applies to
cases where the patent relates
to such invention as such, not
to cases where the invention
merely includes such an
invention. Unfortunately our
courts have not yet had the
opportunity of interpreting this
section, but we expect that the
interpretation applied to the
patentability of computer
programs and business methods
will probably be similar to that
followed in the European Patent
Office and other jurisdictions
having similar prohibitions. We
would therefore suggest that a
decision as to whether to apply
for patent protection in South
Africa should be based on the
same considerations that apply
to obtaining patent protection
in the EPO.
Although methods of treatment of
the human or animal body are not
patentable in South Africa, this
restriction does not apply to an
invention comprising a new
substance for use in a method of
treatment. It also does not
apply to inventions comprising a
known substance for use in a new
method of treatment, provided
the substance has not been used
in any such method. First
medical use claims are therefore
allowable, but it is not yet
clear whether second medical use
claims will be enforceable. We
also regularly file Swiss-form
claims in South Africa, although
the validity of these have also
not been finally pronounced
upon.
|
|
|
 |
|
© 2010 - Von Seidels Intellectual Property Attorneys
|
|
