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Patent law in Cape Town, as in the whole of South Africa, is governed by the Patents Act of 1978. It provides the necessary framework for obtaining patent rights, as well as the extent of protection afforded to patent holders. In South Africa, a patent may be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade, industry, or agriculture. The patent, once granted, will protect your invention for 20 years, preventing others from making, using or selling it without your permission.
You may need a patent lawyer when conceptualizing your invention, writing a patent application, responding to objections from the patent office, or enforce your rights once the patent is granted. Additionally, in situations where potential infringement is suspected, or where you face accusations of infringing others' patent rights, legal advice can be essential. A well-versed patent attorney can also help in licensing negotiations if you decide to license your patent to third parties.
The Patents Act 57 of 1978 governs patent law in South Africa. A key aspect of local laws that are unique to patents is the requirement for a complete specification of the invention, clearly differentiating it from existing technology. The Act also emphasizes on strict timelines for meeting various procedural requirements. An important local particularity is that South Africa follows a "depository" system, meaning that the patent office does not examine the application for novelty, inventive step or industrial applicability. This makes the role of patent attorney even more crucial to ensure the patent can withstand any future litigation.
1. Can I patent an idea? No, you cannot patent an idea. The invention needs to have some practical application or embodiment.
2. How long does it take to get a patent in South Africa? It usually takes about 12 months to obtain a patent, provided that there are no objections raised.
3. Can a patent be renewed? Yes, a patent has to be renewed annually after the third year, up to 20 years.
4. What happens after my patent is granted? Once a patent is granted, you have the exclusive right to make, use, or sell the invention in South Africa. You may also license others to do the same.
5. What happens if my patent is infringed? In case of patent infringement, legal action can be taken. The enforcement of a patent is a civil matter, and a patent attorney can help you assert your rights.
Companies and Intellectual Property Commission (CIPC) is the government body responsible for administrating patents, while Patent and Trademark Association in South Africa (SATIPO) is an organization providing useful guidance to patent professionals and individuals alike in South Africa.
If you need legal assistance, your first step should be engaging a registered patent attorney who specializes in patents. They will guide you through the patenting process, ensure that your application is robust, and can also help enforce your rights once the patent is granted.
