27 August 2026
When discussing great inventions, attention is usually given to the original breakthrough. Yet many of the world’s most commercially successful technologies were not built on entirely new inventions, but on improvements to existing ones. South Africa provides one of the clearest examples of this.
Sasol is widely recognised as a global leader in commercial-scale synthetic fuels production through its expertise in Fischer-Tropsch technology, despite not having invented the Fischer-Tropsch process. Rather than creating a new technology, the company incrementally improved an existing one that was once regarded as an expensive alternative to conventional petroleum refining. In doing so, it demonstrated an important principle of both innovation and patent law in that an inventive improvement to an existing process can become every bit as valuable, and sometimes even more valuable, than the original invention itself.
From Scientific Curiosity to Commercial Reality
The Fischer-Tropsch process was developed in Germany during the 1920s by Franz Fischer and Hans Tropsch, who secured patent protection for the invention in a number of countries. The process converts synthesis gas, produced from coal, natural gas or biomass, into liquid hydrocarbons that can be refined into fuels and chemical feedstocks.
Recognising the strategic importance of reducing its dependence on imported oil, Germany constructed a number of commercial Fischer-Tropsch plants during the 1930s and 1940s. These facilities produced a substantial volume of synthetic fuels and chemicals each year, demonstrating the potential industrial scale. Once the Second World War ended, and considering the economic situation in Germany, there was little commercial justification for continuing with what remained an expensive and technically demanding process. Most of the facilities were subsequently shut down.
South Africa’s circumstances were different. Although rich in coal, the country had limited domestic crude oil resources and wanted an alternative source of liquid fuels. The establishment of Sasol in the 1950’s marked the beginning of that effort. Rather than developing an entirely new technology, Sasol licensed existing Fischer-Tropsch technology and set about solving the engineering and commercial challenges that prevented it from competing with conventional petroleum refining.
Sasol focused on improving the process through numerous incremental innovations. Collectively, these improvements transformed Fischer-Tropsch synthesis from a technically interesting process into a commercially viable one.
Today, Sasol’s Secunda operation is the world’s largest commercial coal-to-liquids facility using its own proprietary Fischer-Tropsch technology. That achievement is supported by an extensive patent portfolio covering improvements to the underlying technology, demonstrating that commercially valuable intellectual property often arises from improving an existing process rather than inventing an entirely new one.
The Intellectual Property Behind an Improvement
The evolution of Fischer-Tropsch technology illustrates an important principle of patent law. Although the underlying process may already be known, a new and inventive improvement to that known process may itself qualify for patent protection. The focus is therefore not on whether the original technology is new, but whether the improvement introduces a new and non-obvious technical solution to a practical problem.
The principle extends well beyond the synthetic fuels industry. Many commercially valuable inventions begin as improvements to existing technologies rather than entirely new concepts. Identifying those improvements, recognising their commercial value and protecting them through patents can provide businesses with a significant competitive advantage.
Patenting a Process or Process Improvement
South African patent law does not distinguish between product inventions and process inventions when assessing patentability. A manufacturing or chemical process or improvement may be patented provided that it is new, involves an inventive step and is capable of being used or applied in trade, industry or agriculture. Importantly, the novelty may lie entirely in the manufacturing method rather than the product itself. Even where the end product is already known, a new and inventive process for producing it may qualify for patent protection.
This distinction is particularly important in industries such as mining, metallurgy, chemicals, pharmaceuticals, food processing and energy, where businesses often manufacture established products. Their competitive advantage frequently lies not in what they produce, but in how they produce it.
What This Means for South African Businesses
The opportunities created by process innovation are not limited to large research organisations. Many valuable inventions arise from solving practical problems encountered during day-to-day operations. Businesses often overlook these improvements because they are viewed simply as operational refinements rather than potential intellectual property.
In reality, if protected, these improvements may be some of a company’s most valuable assets. Identifying those innovations early and considering whether they should be protected can create a lasting competitive advantage, particularly where competitors are trying to solve the same technical challenges.
For many South African businesses, the question should therefore not be, “Have we invented something completely new?” It should be, “Have we found a better way of doing something?” If that improvement introduces something that is itself new and inventive, it is worthy of patent protection.
Final Thoughts
The story of Fischer-Tropsch technology demonstrates that commercial success is not always achieved by inventing first. Sometimes the greatest value lies in improving what already exists.
That principle extends well beyond the process and chemical industry. Across South Africa, businesses continually improve existing technologies and manufacturing methods. Many of these improvements may themselves be patentable, even where the underlying technology has existed for decades.
Recognising those opportunities is the first step. The next is ensuring that these improvements are identified, protected and commercialised before they become known to competitors. As Sasol’s success demonstrates, it is often the improvement, rather than the original invention, that ultimately creates the greatest commercial value.
