Patent Law

Patent Inventions Categories

October 13, 2011
Inventions

Patent Inventions Categories

It is important to register a patent for your invention, but there are a 3 basic requirements that an invention need to adhere to according to South African law:

All patent applications must be:

New
This “absolute” novelty requirement implies that any disclosure anywhere in the world before the filing date of a patent application in South Africa, will destroy the novelty of your invention, thereby forfeiting your patent rights.
Inventive
There may be similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
Useful
Inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.

Here are a few examples of invention categories:

Machines
Machines can be mechanical devices or various devices together with a specific function that will lead to an outcome.
Manufactured items
This include any items not already included under machines, but which are tangible.
Components
The result of a mixture of compounds whether chemical or mechanical.
Processes
Specific steps or treatments which lead to an outcome that can be measured.
Improvements
Alterations to any of the above mentioned products.

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

How to patent inventions?

Patent protection

Patents in South Africa

Patent Owners

Patent Inventions

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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.