What Patents Can be Filed for Applications?

Securing a patent for your invention is an essential step to protect your intellectual property and maintain a competitive edge in the marketplace. In South Africa, the process of patent filing is overseen by the Companies and Intellectual Property Commission (CIPC), and there are specific requirements that must be met to ensure a successful application.

At Burger Huyser Attorneys, we specialise in helping inventors and businesses navigate the complex patent filing process.

1. Provisional Patent Application

The first step in the patent filing process is often the submission of a provisional patent application. This serves as an initial filing that establishes the priority date of your invention, protecting your idea for up to 12 months while you work on completing the full patent application.

The requirements for a provisional patent application are generally simpler than those for a complete application. To file a provisional application, you will need to provide:

  • A description of the invention: A detailed, clear explanation of the invention, including how it works and its potential applications.
  • Drawings and diagrams: These should illustrate the invention clearly, helping others to understand its functionality (if applicable).
  • An abstract: A brief summary of the invention, highlighting its key features.

Although a provisional patent application does not require formal claims (which define the scope of protection), it is essential to ensure the description is as detailed as possible to avoid issues during the examination process.

Filing a provisional patent is an inexpensive and quick way to secure a filing date for your invention while you continue developing your idea and preparing for the full patent application.

2. Complete Patent Application

The complete patent application is a more formal submission that requires more detailed information than the provisional application. This step is essential for securing full protection for your invention and must be filed within 12 months of submitting a provisional application.

The following documents are required for a complete patent application:

  • Title of the invention: A clear name for your invention that reflects its purpose or function.
  • Abstract: A concise summary (typically up to 150 words) of the invention, highlighting its technical aspects.
  • Detailed description: A thorough, clear description of the invention, outlining how it works and its specific features. The description should enable someone skilled in the relevant field to understand and reproduce the invention.
  • Claims: These define the legal boundaries of the invention and what is protected by the patent. Claims must be carefully drafted, as they are the key to the scope of protection granted by the patent.
  • Drawings or diagrams: Visual representations of the invention, if applicable, are required to help explain how the invention works.

Unlike the provisional application, the complete application must include claims, which define the legal protection you are seeking. Patent claims are critical because they determine the scope of your patent’s protection, so they must be written precisely and with the help of a patent attorney.

Patent Search

Before filing a patent application, it is highly recommended to conduct a patent search to assess the novelty of your invention. A patent search helps identify existing patents and prior art that might conflict with your invention. This can prevent unnecessary filing costs and rejections from the CIPC.

At Burger Huyser Attorneys, we offer expert patent search services to ensure your invention is unique and has not already been patented. A comprehensive search can save you time, effort, and money down the line.

Patent Filing Process

Once you have prepared all the necessary documents, you can file your patent application with the CIPC. The filing process involves the submission of your patent application, including the description, claims, abstract, and drawings.

The CIPC will assign a filing number and priority date once your application is submitted. It is essential to remember that the priority date marks the official date of your application and determines your place in the patent queue.

At this stage, you will also need to pay the filing fees for your patent application. These fees vary depending on the type of application and the complexity of your invention. In general, provisional applications tend to be more affordable than complete applications, but the cost is well worth the protection they offer.

Patent Examination

After submitting your complete application, the CIPC will examine your patent application to ensure it meets all the necessary criteria for patentability. During the examination process, the CIPC will:

  • Assess the novelty and inventiveness of your invention by comparing it to prior patents.
  • Review the clarity of the claims to ensure they define the invention’s scope properly.
  • Determine if the invention meets the requirement of industrial applicability.

If the examiner finds any issues with your application, they may request amendments or additional information. Once the examination is complete, and the patent is granted, you will have exclusive rights to your invention.

Patent Renewal Fees

After your patent is granted, it is important to remember that annual renewal fees must be paid to maintain your patent rights. These fees increase gradually over the life of the patent, with the highest fees generally due in the later years.

Failure to pay the required renewal fees can result in the expiration of your patent rights. Be sure to stay on top of renewal deadlines to avoid losing protection.

Why Work with a Patent Attorney?

Patent filing is a detailed and complex process that requires careful attention to ensure that your invention is properly protected. A patent attorney can help you navigate the filing process, ensuring all the necessary documents are correctly prepared and submitted to the CIPC.

At Burger Huyser Attorneys, we assist inventors with every step of the patent filing process. Our services include:

  • Conducting a patent search to assess the novelty of your invention.
  • Drafting patent applications and claims that protect your invention.
  • Assisting with international patent filings if you plan to extend protection to other countries.
  • Guiding you through the examination process and providing legal advice on how to maintain your patent rights.

At Burger Huyser Attorneys, we are committed to helping you navigate the patent filing process efficiently and effectively. Whether you are filing a provisional application or a complete patent application, our team of experienced attorneys is here to help you every step of the way.

📞 Contact us today to learn more about the patent filing requirements and how we can assist you in protecting your invention.

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