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South African Patent System |
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A set of rights that are allowed by states to an individual for a certain time interval in return of a revelation of inventions. Different countries follow different procedures of granting patent and so does South Africa. Like several other countries South Africa patent system also provides legal protection to those inventions that are applicable in the industrial sectors.
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South Africa patent system is meant for those new projects that has opened up a new dimension in the industrial sphere by solving a wide arnge of technical problem. Usually patent is provided to those ideas that are entirely new and has not been featured anywhere, whether orally, or in writing or parctically prior to the beginning of invention.
South African Patent Act.
South Africa patent system is based on the South African Patent Act that was passed in the year 1978. The Companies and Intellectual Property Registry Office (CIPRO) is responsible for the patent applications in the Republic of South Africa. Any citizen of South Africa can apply for the private patents provisionally. As far as non provisional application is concerned only the attorney general can file and help in drafting of the same. The application must contain the definition and details of the invention so that it is easier for the state to provide maxinun protection.
If any person in South Africa decides to apply for a patent then he must provide certain specifications which will enable CIPRO to give protection for one year which can be extended for three months. Such procedures are however meant for those inventions that are in the process. When the invention is completed the applicant has to submit a new patent containing the final specification.
Features of South Africa patent system
One of the most interesting feature of the South Africa patent system is that the applicant himself has to take care about the fact that his patent is a valid one. CIPRO only verifies the documents that are provided while filing the patent. They are not interested about the nature of the invention. The applicant can take the advise of an efficient attorney to investigate the nature of the previous applications placed. Though this may cost you more money yet you can avoid many of the future problems that are often accompanied with such patents. However no online facilities are available in this regard in South Africa.
Patentable Invention
Section 25 of the South African Patent Act of 1978 focusses on the patent invention which deals with the new inventions in the industrial as well as agricultureal sphere. According to the act the inventions can comprise new inventions in the scientific fields, mathematical relationships, schemes for business and also computer programmings.
Criteria for Patent
Like the patent systems of all the countries like United States, Japan and Australia, the South Africa patent system also gives emphasis on originality of invention. The International Search Report and International Preliminary Examination Report also plays a vital role in the South Africa patent system as they are responsible for the amendment of the patent if required.
For more information about patents log on to patentshub.com.
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