The Ins and Outs of Patent Registrations in South Africa
Patent law is a specialised field of law within the wider framework of intellectual property (IP) law. Patent registrations essentially give owners of inventions the legal right to exclude other companies or individuals from using, making, or selling the invention for a specific period. Under South African law, a patent is an “exclusive right granted for an invention” and patent registrations last for a limited timeframe of 20 years. To qualify for patent registrations, inventions must “provide a new way of doing something” and thus must offer newfound solutions to a problem or concern. Patent registrations are regulated by the Companies and Intellectual Property Commission (CIPC).
Understanding the Legal Nuances of Patent Registrations in South Africa
When it comes to understanding patent registrations in South Africa, there are several important factors to consider.
- Patent Registrations Offer Commercial Protection
Registering for a patent offers inventors and businesses several essential advantages. They give innovators exclusive rights on making and distributing the product commercially for a period of 20 years, therefore reducing competition and giving the inventor of the product a legal monopoly for an extended period. They also enable inventors to take legal action if these rights are infringed upon and give them an undisputed market advantage for the designed patent registration period.
2. Patent registrations are different from trademarks
While patents and trademarks are both integral parts of intellectual property law, they differ. Patents relate to innovations, protecting processes, inventions, and scientific creations. Trademarks, on the other hand, protect logos, symbols, slogans, and designs. There are essentially three types of patent registrations, namely utility, design, and plant.
- The process entails two key steps
Obtaining a patent in South Africa is a two-step process. Firstly, inventors or their patent attorneys must file a provisional patent application and get a patent number. Thereafter, you will have 12 months to file for the actual patent registration in South Africa and internationally.
- Applicants or attorneys must conduct patent searches themselves
Under South African law, inventors or their patent attorneys should consider conducting patentability searches. This goes a long way in determining the novelty of the invention and if such an invention has been patented previously anywhere else in the world.
- Certain inventions or innovations cannot be patented
Under South African law, there are several areas that cannot be patented. These include the following:
– Discoveries (for example, a new species of animal or disease)
– Things which might promote immoral or offensive behaviour
– Inventions that go against the law
– Certain medical treatments
– Inventions related to nuclear energy
Nonetheless, there may oftentimes be nuances in these stipulations and as such, it is worth sharing queries with a qualified patent attorney.
Chat With Our Patent Attorneys
Patent law is a highly specialised field, focusing particularly on protecting inventions and obtaining the necessary rights to prevent commercial distribution thereof. Qualified patent attorneys – like the team at Bredenkamp IP – will be able to navigate the legal complexity of patent applications, procedures, and regulations, ensuring that companies and business owners get the protection that they deserve. Patent law is highly technical by nature and attorneys practicing in the field undergo extensive specialised training. When wanting to secure patent registrations for inventions and innovations, it is advised that companies and business owners seek the services of patent protection professionals who understand the legislative complexities of the sector.
For more information on our intellectual property services, including patent registrations and trademarks, get in touch with our team. You’ve worked hard to create and innovate, let us protect your intellectual property for years to come.
