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Patent Law in Pretoria, as in the rest of South Africa, is governed by the South African Patents Act 57 of 1978. The law provides for the protection of inventions that are new, involve an inventive step and that can be used or applied in trade, industry, or agriculture. Once a patent is registered, it gives the patent holder a monopoly right to exclude others from making, using, exercising, disposing of the invention, or offering it for sale, for a period of twenty years from the date of application.
Understanding patent law and the patent application process can be a complex task. This is where a patent lawyer comes in very handy. If you have invented a product, process, or idea, you will need a lawyer to guide you through the application process. They can help you to determine whether your invention is patentable, draft the patent application, and represent you if any opposition or litigation arises. Similarly, if you believe someone is infringing on your patented invention, a lawyer can provide legal advice and pursue action on your behalf.
The South African Patent law stipulates that an application for a patent shall be lodged with the Companies and Intellectual Property Commission (CIPC). The law also prohibits the patenting of certain types of invention like discoveries, scientific theories, and mathematical methods. It also bars the patenting of plant or animal varieties, or essentially biological processes for the production of plants or animals. Importantly, in South Africa, unlike in some other jurisdictions, it is not possible to conduct a patent search before applying for the patent to determine whether the same or similar invention has already been patented.
1. How long does a patent protect my invention? In South Africa, a patent lasts for a period of twenty years from the date of application.
2. Can I apply for a patent on my own? The process is complex and detailed, it’s advised to seek the help of a patent attorney.
3. What happens if someone infringes on my patent? You can seek legal help to stop the infringement and possibly claim damages.
4. Can I patent software, business models or mobile apps? It depends on the specifics of the invention, but generally, it needs to have a technical effect.
5. How quickly can I get a patent? This process can take a couple of years due to the examination of the invention and granting of the patent.
In addition to seeking advice from a legal professional, you can also consult resources like the Patents Act 57 of 1978, the Companies and Intellectual Property Commission (CIPC) website, and the South African Institute of Intellectual Property Law (SAIIPL).
If you need legal assistance in patent matters in Pretoria, the first step is to secure the services of a patent lawyer or attorney. They will guide you in the process, helping you with everything from application preparation to patent protection. This will ensure your ideas or inventions are adequately protected under South Africa's patent laws.
