How to Apply for a Patent?

September 22, 2011
Inventions, Patents

Inventions

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

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.

Always remember to KEEP THE INVENTION SECRET and do not market or sell the invention until a patent application has been filed at the South African Patent Office.

Patent Applications

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

The first 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 second 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 protect 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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How to protect my Invention?

September 15, 2011
Inventions, 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.

Patent Applications

Remember to keep your invention a secret until the patent application has been filed. Do not market, or sell it until a patent application has been filed.

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

The first 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.

Initial steps to protect 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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Novel Inventions

August 26, 2011
Inventions, Patents

Novel inventions exclude  discoveries of natural occurrences, scientific methods, mathematical formulas, rules for playing games, methods of mental acts, treatments for humans or animals such as therapies and surgeries, and computer programs.

Novel inventions are the processes, composition, and devices which do not form part of prior art and which are thus not obvious to someone skilled in the particular field.

For inventions to fall within the category of novel, the inventions may not have been disclosed in any public matter whether as poster, announcements, adverts, journal articles or any form of public disclosure prior to the initial patent filing date.

As can be seen from the above, not all inventions can be patented. Novel inventions furthermore must include an inventive step and must be useful to agriculture or industry.

There are inventions in the fields of bio-engineering and technology which can qualify for patentability even when something has only been improved significantly.

The patent attorneys of Smit & Van Wyk are not only qualified in the area of patent & trademark laws, but also as scientists or engineers in a wide range of fields. This is important because the South African Patent Office is a non-examining office.

This means that the assessment for a novel invention must be carried out by the patent attorney. As such patent attorneys conduct thorough patent searches and test each invention to determine whether it can be a truly novel invention.

In addition patent attorneys also assist in the filing of the patent applications regarding novel inventions, drawings, claims, and specifications.

If you believe you have developed a novel invention and have not disclosed any information about such to any party not directly involved in the development of the invention, we recommend that you file a provisional patent application immediately to ensure the earliest possible filing date.

Contact us at Smit & Van Wyk to help you get patent rights for your novel inventions.

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Provisional Patent Registrations

August 26, 2011
Inventions, Patents

Benefits of Provisional Patent Registrations

In South Africa, one can in addition to complete specification registrations also apply for provisional patent registrations.

When are Provisional Patent Registrations used?

If an inventor wants to get the earliest possible filing date, the best route is to file a provisional application as soon as possible.

The filing date becomes the priority date which is used to determine which application has been filed first should a dispute arise because of similar patents.

In many instances and inventor may still need to make some modifications to the invention to ensure that it passes all requirements for complete patent registration and that it works properly.

During this time the inventor may need to get additional expert assistance for the development of the invention. Without some form of protection against infringement and complete stealing of the idea, the inventor will not be able to approach potential experts and investors for assistance.

By first filing a provisional patent registration application, the inventor gets immediate protection against infringement.

Since one of the requirements for patentability is that the invention must be novel and thus no information about it disclosed to the public in any form before the filing date, it is important to get the earliest possible filing date as this will minimize the risk of information disclosure that will render it invalid for a patent registration.

What is the Next Step?

With provisional patent registrations, the inventor only gets 12 month protection. The inventor must within this period apply for the complete patent registration.

Although one doesn’t need to make use of an intellectual property attorney to assist with the provisional patent application, one does need such an attorney’s help with the complete application.

The provisional application is less formal and thus not as complete as the permanent application. With the complete application, the required documentation, specifications, claims, drawings, photos and where relevant, models must be supplied.

Let us help you with provisional patent registrations as well the complete patent applications.

Contact us at Smit & Van Wyk Intellectual Property Attorneys for assistance today.

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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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