What is a Patent?
A patent is a legal protection granted to an inventor for a new product, process, or technology. It gives the patent holder exclusive rights over the invention for a certain period, typically 20 years in South Africa, provided that annual renewal fees are paid.
A patent prevents others from using, manufacturing, or selling the invention without permission, allowing the inventor to commercialize and profit from their innovation. A patent grants you exclusive rights to your invention, preventing others from copying, manufacturing, or selling it without your permission.
At Burger Huyser Attorneys, we specialise in intellectual property (IP) law, helping individuals and businesses secure and enforce their patents in South Africa.Â
To be granted a patent, an invention must meet the following criteria:
✔ Novelty – The invention must be new and original, meaning it has not been publicly disclosed before the application date.
✔ Inventive Step – It must not be obvious to someone skilled in the field.
✔ Industrial Applicability – The invention must be useful and capable of being produced or used in an industry.
Why Are Patents Important?
Patents offer several legal and business advantages to inventors and companies, including:
- Exclusive Rights to Your Invention
A patent ensures that only you can manufacture, sell, or license your invention, preventing competitors from copying or profiting from your idea.
- Competitive Market Advantage
A patented invention gives businesses a strong market position, as competitors cannot legally replicate the innovation.
- Increased Business Value
Patents are valuable intellectual assets that can:
✔ Attract investors and business partners
✔ Increase the overall value of your company
✔ Be licensed or sold for profit
- Legal Protection Against Infringement
If another company or individual copies or misuses your invention, a patent allows you to take legal action and seek compensation.
- Opportunities for Licensing and Royalties
Patent holders can license their inventions to third parties, generating royalty income without the need for direct manufacturing.
How to Register a Patent in South Africa
In South Africa, patents are administered by the Companies and Intellectual Property Commission (CIPC) under the Patents Act No. 57 of 1978. The patent registration process involves several steps:
1. Conducting a Patent Search
Before filing a patent, it is essential to conduct a comprehensive search to ensure your invention is new and unique. This step helps avoid legal disputes and increases the chances of successful registration.
2. Drafting a Patent Specification
A patent application must include:
✔ A detailed description of the invention
✔ Technical drawings or schematics (if applicable)
✔ Clearly defined patent claims outlining the invention’s unique aspects
Important: Drafting a strong patent specification is critical to ensuring the broadest possible protection for your invention. Hiring a patent attorney ensures accuracy and compliance with legal standards.
3. Filing the Patent Application
The patent application is submitted to the CIPC. South Africa follows a non-examining system, meaning that patent applications are not reviewed for novelty or inventiveness—it is up to the inventor to ensure these criteria are met.
4. Granting of Patent Rights
Once approved, the patent holder receives exclusive rights for 20 years, provided that annual renewal fees are paid.
How a Patent Attorney Can Help
Patent law is complex, and errors in the application process can lead to rejection, legal disputes, or loss of patent rights. A patent attorney can assist by:
✔ Conducting patent searches to ensure originality
✔ Drafting and filing a patent application
✔ Handling patent disputes and infringement cases
✔ Negotiating licensing agreements
At Burger Huyser Attorneys, our experienced intellectual property lawyers guide you through every step of the patent registration process, ensuring that your invention receives the legal protection it deserves. Contact Burger Huyser Attorneys today for expert legal assistance in patent registration, enforcement, and protection in South Africa. Let us help you protect and commercialize your innovative ideas.
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
