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:
- Mathematical formulas and scientific theories.
- Information presentations.
- Metabolism of organisms.
- Discoveries of natural phenomena.
- Methods for doing business.
- Methods for performing mental acts.
- Rules for playing games.
- Computer programs.
- Biological processes.
- 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