How to Patent Inventions
October 6, 2011
Inventions, Patents
To protect your rights as an inventor you need to file patent applications for your inventions in each country, where protection is sought.
If your inventions are new, inventive and useful, then they might qualify for patent protection.
Patent Application Process
Remember to always keep your inventions and ideas a secret.
Do not market or sell the inventions until the patent application has been filed at the South African Patent Office.
Obtaining a patent is a two-step process spaced 12 months apart.
Step 1
File a provisional patent application in South Africa.
(to obtain the earliest possible date from which to claim rights to your invention)
Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.
Step 2
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.
Complete the form below to contact the patent attorneys at Smit & Van Wyk, Inc.
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.
Novelty Search
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 2500.00)
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
Additional Articles & Information
Image source: www.freedigitalphotos.net
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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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Lillian Moller Gilbreth
August 19, 2011
Inventors
Lillian Moller Gilbreth was an author, industrial engineer, industrial psychologist, inventor and mother of 12 children.
She was one of the first working female engineers holding a Ph.D. and is arguably the first true industrial and organizational psychologist.
She was a pioneer in ergonomics and patented many kitchen appliances including an electric food mixer, refrigerator door shelves and the famous trash can with a foot-pedal-opener.
Lillian Gilbreth is best known for her work on classic Time & Motion Studies, which supported work simplification and industrial efficiency.
She was one of the first scientists to link the effects of stress and lack of sleep to work.
She also became the first American engineer ever to create a synthesis of psychology and scientific management.
She interviewed over 4000 women to design the right height for stoves, sinks, and other kitchen objects.
Lillian Gilbreth was the fist women to be elected to the National Academy of Engineering.
Lillian and her husband Frank both have permanent collections in the Smithsonian National Museum of American History and her portrait hangs in the National Portrait Gallery.
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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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