Steps To Register a Patent

Innovation drives progress, and if you’ve invented something new, securing a patent is the best way to protect your intellectual property. A patent grants you exclusive rights to your invention, preventing others from making, using, or selling it without your permission. However, the process of registering a patent can be complex, requiring careful documentation and legal steps.

A patent is a legal document that grants the inventor exclusive rights to an invention for a specific period, typically 20 years from the filing date. In exchange for these exclusive rights, the inventor must publicly disclose details about the invention, allowing others to learn from it while respecting the patent’s protection.

There are three main types of patents:

  1. Utility Patents – Cover new and useful inventions, such as machines, processes, and manufactured products.
  2. Design Patents – Protect the unique appearance or ornamental design of an object.
  3. Plant Patents – Cover new plant varieties that are asexually reproduced.

Step 1: Determine if Your Invention is Patentable

Before you invest time and money into filing a patent application, ensure your invention meets the following criteria:

  • Novelty: The invention must be completely new and not previously disclosed in any form.
  • Usefulness: It must have a practical application and provide a benefit.
  • Non-Obviousness: It should not be an obvious improvement or modification of an existing product.

Step 2: Conduct a Patent Search

To avoid wasting resources on an application that may be rejected, conduct a patent search to see if similar patents already exist. You can search patent databases such as:

  • South African Companies and Intellectual Property Commission (CIPC) (if applying in South Africa)
  • United States Patent and Trademark Office (USPTO) Database
  • European Patent Office (EPO) Database

If a similar patent exists, you may need to modify your invention to ensure it is unique before proceeding.

Step 3: Prepare a Detailed Description of Your Invention

A well-documented description is crucial to the patent application process. This includes:

  • A clear and detailed explanation of the invention.
  • Technical drawings or diagrams illustrating the invention.
  • A breakdown of how the invention works, its purpose, and advantages.
  • Claims that define the scope and uniqueness of the invention.

Step 4: Decide Between Provisional or Complete Patent Application

In many cases, inventors first file a provisional patent application to secure an early filing date while they refine their invention. A complete patent application must be filed within 12 months of the provisional application to secure full patent protection.

  • Provisional Patent Application: Gives temporary protection and allows you time to finalise your invention.
  • Complete Patent Application: Provides full legal protection and initiates the formal examination process.

Step 5: File Your Patent Application

In South Africa, patent applications are filed with the CIPC (Companies and Intellectual Property Commission). You will need to:

  1. Register on the CIPC Portal (www.cipc.co.za)
  2. Complete the required patent forms (such as Form P1 for a provisional patent or Form P2 for a complete patent)
  3. Pay the required filing fee
  4. Submit supporting documents, including detailed descriptions and drawings

If you are filing in another country, check the requirements of the relevant patent office.

Step 6: Patent Examination Process

Once your application is submitted, it undergoes a formal examination by the patent office. This process may include:

  • Preliminary Examination: Checking whether the application meets formal requirements.
  • Substantive Examination: Evaluating the invention’s novelty, usefulness, and non-obviousness.
  • Patent Office Feedback: The examiner may request clarifications or modifications to your application.

Step 7: Grant of Patent and Maintenance

If your application is approved, the patent office will grant your patent, and it will be published in the official patent journal. After receiving the patent, you must:

  • Pay maintenance fees to keep the patent active (usually on an annual basis).
  • Enforce your rights if someone infringes on your patent by taking legal action if necessary.

Protect Your Patent

The patent process can be complex, and mistakes in the application can lead to rejection. Many inventors work with patent attorneys or agents to ensure their application is strong. Whether you’re an entrepreneur, engineer, or innovator, securing a patent gives you a competitive advantage and protects your hard work.

If you have a groundbreaking invention and need assistance with patent registration, consult Burger Huyser Attorneys to navigate the process efficiently.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE