If you have invented a new product, process or method then you may be able
to obtain patent protection for your invention. It is crucial, however, that
you keep your invention secret until you have filed a patent application.
what is a patent?
A patent is a limited monopoly granted by the state to an inventor, or other
person entitled to the invention, in exchange for a full disclosure of the invention
to the public. This monopoly entitles the patent holder to prevent others from
using the invention in any practical manner for the duration of the patent,
so that only the patent holder enjoys any profit or advantage that the invention
affords for the period. After expiry of the period members of the public are
free to use the invention.
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is my invention patentable?
To be patentable in South Africa an invention must be new, inventive and
useful.
“New” means that the invention has not been made available to the public
anywhere in the world – by word of mouth, by use, in any printed publication,
or in any other way – before a first application is made for a patent. It is
difficult to establish whether an invention is in fact new, but novelty may
be assessed by carrying out searches through existing printed publications that
include previously published patent specifications.
“Inventive” means that the invention must not be obvious to a person of ordinary
skill in the art to which the invention relates. Put differently, the invention
must not be so similar to what was available or used previously that it required
little or no ingenuity to make the invention; that is to say, it must involve
an inventive step. For example, it would be obvious to make an article that
was previously made exclusively of metal in a plastic material, if
there were no special and
unforeseeable advantages to
making it in plastic.
“Useful” means the invention must be capable of being applied in trade, industry
or agriculture.
In addition to the above three requirements there are certain “inventions”
which cannot be patented in South Africa. The most important of these are pure
business methods and computer programs. This prohibition, however, does not
extend to inventions that merely make use of business methods or computer programs,
while not constituting business methods or computer programs as such. We urge
you to contact us
if you are uncertain as to whether
an invention constitutes a pure business method or computer program.
Lastly, a method of treatment of the human or animal body by surgery, therapy
or diagnosis is not patentable in South Africa.
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how long does a patent last?
A South African patent lasts 20 years from the date of application, subject
to the payment of annual renewal fees as from the third anniversary of the filing
date.
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how easily can someone else get
around my patent?
The scope of protection afforded by a patent is defined by the patent claims.
A well-drafted set of patent claims will prevent others from being able to reverse-engineer
the invention by including or excluding inessential features while still using
the basic idea of the invention. This is why the use of patent attorneys who
are experienced in the drafting of patent specifications is so important.
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what can I do with a patent?
A patent is property and may be sold (by way of assignment) or licensed for
use by others. Alternatively, a patent can be used defensively to prevent others
from exploiting the invention, provided the patent holder exercises the invention
to an adequate extent.
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how do I apply for a patent?
A patent application is made by filing a patent specification, together with
the necessary forms and government fees, at the Patent Office in Pretoria. The
patent specification, which includes a description of the invention as well
as any drawings which may be necessary for a clear understanding of the description,
may be either a provisional or complete patent specification.
If the invention is not yet in its final form it is preferable to file a
provisional patent application first, and then a complete patent application
within 12 months, because improvements made to the invention can be incorporated
into the complete patent specification. A complete application may be
in the first instance if sufficient information about the invention and its implementation
is available.
If given a description of the invention, we will prepare the patent specification
and the necessary forms and file a patent application on your behalf. All the
administrative functions will be carried out by our offices.
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how do I get patents in other countries?
A patent application must be filed in each country in which protection is
sought. However, in respect of most countries in the world, corresponding foreign
patent applications can be filed within 12 months from the first patent application
in terms of the Paris Convention.
The Patent Cooperation Treaty (PCT) provides a mechanism to delay the filing
of individual foreign applications by a further 18 months, and also provides
a facility for tailoring a patent specification according to the results of
an international search and examination. Should you require patent protection
in more than 2 or 3 foreign countries, we usually recommend filing a PCT patent
application, unless it is essential that granted patents be obtained in the
foreign countries as soon as possible.
A PCT application must be filed within 12 months from the date of first filing
a patent application, regardless of whether the first patent application is
a provisional or complete South African patent application.
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what are the costs involved?
The cost involved in preparing and filing a provisional or complete patent
application will vary from case to case and will depend on the length of the
patent specification and that will, in turn, depend on the technology and the
type of invention.
Our charges are very competitive and we encourage you to
contact us with details of your invention to enable
us to provide you with an estimate of the costs involved.
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