Biotechnological Patents

Patent Applications AFRICA

March 1, 2012
Biotechnological Patents, Chemical Sciences Patents, Diagnostics Patents, Genetic Engineering Patents, Inventions, Medical Sciences Patents, Microbiological Sciences Patents, Patents

Smit & Van Wyk, Inc. is an intellectual property law firm that specialize in obtaining and protecting your patent and design rights. Our focus is to provide legal services for intellectual property throughout Africa. We assist overseas agents and individual applicants with patent searches, patent filings, patent renewals and prosecution of patent infringement cases. Smit & Van Wyk, Inc. also provide legal advice on commercial rights attached to patents and designs.

Intellectual property is treated as business assets on the balance sheet and has a monetary value associated with it. It is most likely that your business has already generated intellectual property of value through the creativity of the individuals in the business. Once the intellectual property of a business has been identified, it is possible to protect it by means of registered, unregistered, contractual agreements or non-statutory forms of protection.

Smit & Van Wyk, Inc. patent services for inventions from the following fields Biotechnology, Business Methods, Electrical, Electronic, Mechanical, Mining, Nanotechnology and Software.

• Patent applications, filings and registrations
• Patent novelty search
• Patent maintenance and renewals
• Patent licensing

The Smit & Van Wyk, Inc. head office is located in Pretoria, South Africa providing our international and local clients with patent and design services in most countries on the African continent.

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Patent Protection for my Invention

September 29, 2011
Biotechnological Patents, Chemical Sciences Patents, Diagnostics Patents, Genetic Engineering Patents, Inventions, Medical Sciences Patents, Microbiological Sciences Patents, Patents

Inventions

To protect your rights as the owner of an invention, you need to file a patent application for the invention in each country, where protection is sought.

If your invention is new, inventive and useful, then it might qualify for patent protection.

Always keep the INVENTION a SECRET.

Do not market or sell the invention until a patent application has been filed at the South African Patent Office.

Obtaining a patent is a two-step process spaced 12 months apart.

Patent Applications

The 1st step is to file a provisional patent application for your invention in South Africa. This is done to obtain the earliest possible date from which to claim rights to your invention.

The 2nd 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.

Initial steps to Patent your invention

Step 1
Contact the patent attorneys at Smit & Van Wyk, Inc. regarding your invention at enquiries@svw.co.za, or complete the form below.
This is not an official booking, just a contact request.

Any information or images supplied will be protected under the attorney-client privilege with strict confidentiality, whether you decide to continue with the application or not.

Step 2
We will contact you regarding a consultation. This will be done either at our offices in Pretoria or telephonic. We accommodate national and international clients.

Step 3
An optional fixed cost preliminary novelty search can be conducted to find similar or identical patents.

The costs of conducting a fixed cost novelty search in respect of one patent, inclusive of all fees, official expenses and VAT is limited to approximately R 2500.

Step 4
Once you decide to instruct us to proceed with the patenting process, you pay the requested deposit for the patent attorney to start working on a specification for your patent application.

Step 5
The patent attorney will start writing a patent specification for the invention. This could take 2 to 5 weeks, depending on the complexity of your invention. The attorney will then return the specification to you.

Step 6
Once the approval has been given, the patent attorney will submit your provisional patent application at the South African Patent Office in Pretoria.

Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.

Feel free to contact us should you have questions or require assistance with any patent related matter.

PLEASE NOTE THAT PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. PRICES ARE ONLY AN INDICATION. PLEASE CONTACT OUR OFFICE FOR A FORMAL QUOTATION.

Contact Details for Smit & Van Wyk:

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

Image source: www.freedigitalphotos.net

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Science Invention Patent

August 30, 2011
Biotechnological Patents, Chemical Sciences Patents, Medical Sciences Patents

Image source: historyking.com

Science Patent Application

A science patent can be awarded if the requirements for patentability have been met. The following cannot qualify for patentability and as such cannot be registered as science patents:

1. Mathematical formulas and scientific theories.
2. Information presentations.
3. Metabolism of organisms.
4. Discoveries of natural phenomena.
5. Methods for doing business.
6. Methods for performing mental acts.
7. Rules for playing games.
8. Computer programs.
9. Biological processes.
10. Medical methods for treatment of humans & animals such as therapies or surgeries.

It is possible to register a science patent in the field of bio-technology or engineering for non-living entities such as DNA, promoters, antibodies present in organisms, vectors and plasmids as well as polypeptides.

One can also register a science patent for living entities in the case of genetically modified plant, organism and animal cultures subject to meeting specific requirements.

It should be noted that genes and various forms of such are still debated and it is recommended that you approach an intellectual property attorney to help you register a science patent in the bio-technology field as it is a rather complicated process.

Our experienced patent attorneys can assist not only with registration of a science patent, but also with legal advice regarding the patentability of matter in this field.

For the filing of a science patent it is also recommended that you file a provisional application as soon as possible to ensure priority date. The patent applications involve detailed descriptions of the inventions, drawings and claims in the case of permanent patent applications.

You will have 12 months from filing the provisional application to file the complete science patent application. During the 12 month period you can further develop such and get a chance to complete the claims.

Contact us at Smit & Van Wyk for expert legal advice and assistance in filing a science patent in South Africa and abroad

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How to protect my Invention?

August 17, 2011
Biotechnological Patents, Chemical Sciences Patents, Diagnostics Patents, Genetic Engineering Patents, Inventions, Inventors, Medical Sciences Patents, Microbiological Sciences Patents, Patents

How do I protect my invention? Do I need a patent, trade mark, or copyright?

For public disclosure and protection of an invention, the inventor needs to apply for a patent.

A patent is an exclusive right granted to an inventor for a limited period of time.

A patent application must define the invention as new, non-obvious, useful or industrially applicable.

This exclusive right granted to an inventor prevents others from making, using, selling, or distributing the patented invention without permission.

In most countries, both people and corporate entities may apply for a patent but in the United States only the inventor may apply for a patent.

A written patent application is filed at the relevant patent office by a patent attorney representing the applicant. The person or company filing the application is referred to as the applicant. The applicant may be the inventor or its assignee.

The application contains a description of how to make and use the invention. In some countries there are requirements for providing specific information. Drawings illustrating the invention may also be provided.

The application also includes one or more claims. The claims define what a patent covers or the scope of protection.

After filing the patent application, it is referred to as patent pending. This term does not confer legal protection, and a patent cannot be enforced until granted.

For a patent to be granted and take legal effect, the patent application must meet the requirements of that country. Once a patent is granted it is subject to renewal fees which are payable on a yearly basis.

A patent is not a right to use your invention but right to exclude others from using it.

The patented invention is usually protected for 20 years from the filing date subject to the payment of fees.

Patent rights may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.

Many inventions are improvements of other inventions that may still be protected by a patent. If an inventor takes an existing, patented design, adds a new feature to make an improvement, and obtains a patent on the improvement, he can only legally build his improved design with permission from the patent holder of the original design.

Will I need an Intellectual Property Attorney?

Filing a patent application is very complex. Patent offices will not assist you in the preparation of applications, however, they do provide you with some instruction and guides. If you are ready conduct any intellectual property activity as a beginner you are strongly advised to contact a registered patent attorney or agent.

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Human Gene Patent

August 8, 2011
Biotechnological Patents, Inventions, Patents

Image source: desktopdna.org

Patented Human Genes

The United States Court of Appeals ruled that human genes can be patented. It has reversed a federal district court’s ruling on the lawsuit.

Myriad Genetics is a molecular diagnostic company and they have successfully obtained patents for two human genes (BRCA1 / BRCA2).

These genes are used to predict a women’s risk in developing breast and ovarian cancer.

The plaintiffs claimed that human genes are a product of nature and that Myriad Genetics only isolates DNA from the body rather than creating something new.

The Lawyers of Myriad Genetics argued, using a baseball bat as an example:
“One could say that it is extracted from a tree, but in that case the process of extracting the baseball bat necessarily changes the nature, form and use of the tree and thus results in a manmade manufacture, not a naturally occurring product.”

The Lawyers of Myriad Genetics continued saying the isolated gene (BRCA1 / BRCA2) cannot be found in nature and therefore it is patentable.

The court agreed with Myriad Genetics
Judge Alan Lourie said “an isolated DNA has a markedly different chemical nature from the native DNA. In this case, the claimed isolated DNA molecules do not exist as in nature within a physical mixture to be purified. They have to be chemically cleaved from their chemical
combination with other genetic materials. In other words, in nature, isolated DNAs are covalently bonded to such other materials. Thus, when cleaved, an isolated DNA molecule is not a purified form of a natural material, but a distinct chemical entity. In fact, some forms of isolated DNA require no purification at all, because DNAs can be chemically synthesized directly as isolated molecules.”

On 29 July 2011 the United States Court of Appeals for the Federal Circuit made their decision and ruled that Myriad Genetics patents are valid.

BRCA1 & BRCA2

BRCA1 is a human caretaker gene that produces a protein called breast cancer type 1 susceptibility protein, responsible for repairing DNA. BRCA1 is expressed in the cells of breast where it helps repair damaged DNA.

BRCA2 belongs to the tumor suppressor gene family and is involved in the repair of chromosomal damage with an important role in the repair of DNA double strand breaks.

Although the structures of the BRCA1 and BRCA2 genes are very different, the proteins made by both genes are essential for repairing damaged DNA.

Research suggests that both the BRCA1 and BRCA2 proteins regulate the activity of other genes and play a critical role in embryo development.

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