cipc.co.za Patent Registration : Companies & Intellectual Property Commission

Name of the Organization : Companies & Intellectual Property Commission
Type of Facility : Patent Registration
Location : Cape Town

Website : https://www.cipc.co.za/

Patent 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 : www.southafricain.com/4458.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.

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.

Some of the 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.

The PCT System Procedures :
** If an applicant has come up with an invention that he or she wishes to patent in a number of countries, the applicant is advised to utilise the Patent Cooperation Treaty (PCT) prior to actuallylodging patent applications in these countries – the benefits of the PCT system have been outlined above. However certain “benefits”or “discounts” can apply – and CIPC is able to provide advice and guidance in respect of how to qualify for these.

** The applicant or patent attorney will complete a “Patent Co-operation Treaty Request Form” (in triplicate), together with the respective specifications, drawings etc.
** The PCT office at CIPC processes this application and calculates the costs involved.

Note :
** Any national or resident of South Africa can file an international application at the PCT Receiving Office in South Africa.
** The PCT system is a patent “filing” system, and is not a patent”granting” system. There is no “PCT patent”.The
** PCT system provides for:

An international phase comprising :
i. Filing of the international application
ii. International search
iii. International publication and
vi. International preliminary examination (optional)