Name of the Organization : Companies & Intellectual Property Commission
Type of Facility : Patent Registration
Location : Cape Town
Country : South Africa
Official Website : https://www.cipc.co.za/
Patents Registration :
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
Related : CIPC Patent Search South Africa : www.statusin.org/4967.html
The patent provides protection for the owner, which gives him/her the right to exclude others from making, using, exercising, disposing of the invention, offering to dispose, or importing the invention. The protection is granted for a limited period of 20 years.
Services of Patent Experts :
In terms of the South African Patents Act, individuals may file their own provisional patent applications. It is however, advisable for applicants to seek the assistance of the patent attorneys.
If a provisional patent application is filed, the strength and scope of protection ultimately obtained will depend on the wording and content of the description of the invention. The Patent Office takes precautions to maintain confidentiality but can not be held responsible for what occurs outside the office.
South Africa is one of 148 countries that is a member of the Patent Co-operation Treaty (PCT). This Treaty allows an individual to file an international application as well as a national application. The international application will designate countries in which the applicant seeks protection. Extra fees are payable for this type of registration.
The Patent Office can not accept any responsibility for the loss of rights arising if the invention becomes public and is copied and the provisional applications have not been properly drafted.
The Life Span of a Patent :
A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year from the date of filing in South Africa. It is important to pay an annual renewal fee to keep it in force. The patent expires after 20 years from the date of application.
What can be Patented :
Section 25 of the Patent Act, Act 57 of 1978 defines the scope of patentable inventions in negative by specifying what cannot be patented.
A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. These include inventions such as appliances, mechanical devices and so on.
However, you may not protect things such as :
** Computer programmes
** Artistic works
** Mathematical methods and other purely mental processes
** Games
** Plans, schemes, display of information
** Business methods
** Biological inventions
** Methods for treatment of humans and animals
Note :
Please note that the above mentioned things cannot be patented as such. For example, a computer programme is patentable as part of a technical solution, i.e. when it is used to operate a specific device or machine such as a winder, a crane or parking management.
Before you Apply (Benefits of Registering a Patent) :
The protection provided by the South African patent system is a major contributor to the success of new inventions and the millions of rands in earnings that they generate.
Benefits of Patent Registration :
** It gives you the right to stop others from manufacturing, using and/or selling your invention in South Africa without your permission.
** It lets you licence someone else to manufacture your invention on agreed terms or take legal action against people who are using your invention without your permission.
** It encourages South Africans to continue their research, to develop new and innovative products, exploit new technology and promotes the transfer of technology to South Africa.
** It gives our trading partners the incentive to provide similar rights and thereby protect our exports in markets overseas.
** If you want to protect the way your invention works then patenting may be the most appropriate option.
** If your invention is new, not publicly disclosed and has commercial potential, then you are ready to consider what type of patent will suit your needs.
Is Registering your Patent the Right Choice? :
If you have developed a new product or process, you should decide whether patenting it should be part of your business strategy.
Some points to consider :
** Does a patent offer the best protection for your invention?
** Can you be granted a patent?
** Do you have all the information required to file a patent application?
Filing a provisional application is quite inexpensive and gives you 12 months to consider the commercial worth of your invention and to resolve issues such as finance and licensing. Then you can decide whether to continue with patent protection.
Apply : https://www.cipc.co.za/