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.
012 349 7800
September 15, 2011
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.
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
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.
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.
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.
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.
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.
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:
+27 (0) 12 349 7800
+27 (0) 86 619 0493
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Meiring Naudé Avenue
Image source: www.freedigitalphotos.net
August 25, 2011
Patent owners are the exclusive rights holders for specific inventions. They receive the rights in return for full public disclosure about their inventions. As such patents are exclusive rights granted rather than rights to making or using of an invention.
Patent owners can assign their patent rights to other parties. In effect this implies transferring of the rights from the patent owner to another party.
Patents have the save attributes as personal property and as such can thus be sold to interest parties. The assignment must be recorded also in the Patent Office.
Entire ownership or a percentage of the ownership is transferred from the patent owner to the purchaser. The transfer must include all the rights which go with patent ownership such as the title and interest.
The patent right owners can furthermore award license rights to other parties. In this case the rights and ownership are retained while usage, marketing, distribution, making and selling rights can be awarded by means of a license agreement.
This may also for instance, include import rights. The party that obtains such rights is called the licensee whereas the patent owner awarding such rights by means of a licensing agreement is called the licensor.
There are specific obligations on the part of the licensee such as operation within the stipulated boundaries.
Patent owners can grant exclusive licenses to parties, meaning that the patent owner may then not compete with the licensee in a particular region and for a specific time and usage as stipulated in the license agreement between the parties.
There can be one or more patent rights owners for the same patent. Multiple patent owners can have interests in the same invention when they have worked together in the creation of the invention.
Contact us at Smit & Van Wyk Patent Attorneys for assistance in the registration, assignment, and licensing of patent rights.
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