What Does a Patent Lawyer Do?
A patent lawyer is a legal professional specialising in intellectual property (IP) law, particularly in securing patents for new inventions and technological advancements. Whether you’re an entrepreneur, inventor, or business owner, securing a patent ensures that you maintain exclusive rights to your invention and prevent others from copying or profiting from your hard work.
At Burger Huyser Attorneys, our expert patent lawyers provide legal guidance and assistance throughout the patent registration process in South Africa, ensuring that your innovation is properly protected under intellectual property law.
What are the Primary Responsibilities of a Patent Attorney?
1. Conducting Patent Searches
Before filing a patent application, a patent lawyer performs a comprehensive search to ensure that the invention is new and original. This step helps:
✔ Determine if similar patents already exist
✔ Avoid potential legal disputes
✔ Increase the chances of successful patent registration
2. Filing Patent Applications
Patent applications require detailed technical descriptions and legal documentation. A patent lawyer:
✔ Drafts a clear and legally sound patent application
✔ Ensures that the invention meets legal requirements
✔ Files the application with the Companies and Intellectual Property Commission (CIPC) in South Africa
3. Patent Prosecution and Approval Process
After submitting the patent application, the CIPC reviews it to ensure it meets legal standards. A patent lawyer:
✔ Communicates with patent examiners to address any issues
✔ Provides necessary clarifications and amendments
✔ Ensures the patent complies with South African patent laws
4. Enforcing Patent Rights and Handling Infringement Cases
Once a patent is granted, the patent holder has exclusive rights to produce, sell, and license the invention. If another party copies or uses the invention without permission, a patent lawyer:
✔ Files cease and desist letters
✔ Initiates legal action to stop infringement
✔ Represents the patent owner in court cases
5. Licensing and Selling Patents
Patent holders can sell or license their patents to businesses or manufacturers for profit. A patent lawyer assists by:
✔ Drafting and reviewing licensing agreements
✔ Negotiating royalty terms
✔ Ensuring that patent owners receive fair compensation
Why Do You Need a Patent Lawyer?
- Ensuring a Strong Patent Application
Patent applications require technical precision and legal expertise. A poorly drafted application can lead to delays, rejections, or legal disputes. A patent lawyer ensures accuracy and compliance with patent laws.
- Avoiding Costly Mistakes
Filing a patent without proper research or legal guidance can result in:
Rejection due to lack of originality
Infringement claims from existing patent holders
Loss of patent rights due to missed deadlines
- Protecting Your Invention from Competitors
If a competitor copies your invention, a patent lawyer helps enforce your rights and take legal action. Without proper legal representation, defending a patent in court can be complex and costly.
- Navigating Patent Laws in South Africa
Patent laws vary between countries. A South African patent lawyer:
✔ Ensures compliance with local patent regulations
✔ Assists with international patent protection
✔ Advises on patent duration and renewal
How to Choose the Right Patent Lawyer in South Africa
When selecting a patent lawyer, consider:
✔ Experience in patent law – Look for a lawyer who specialises in intellectual property and patent law.
✔ Technical expertise – Some patents require knowledge of engineering, biotech, or software.
✔ Successful patent filings – Choose a lawyer with proven experience in securing patents.
✔ Strong negotiation skills – Useful for handling licensing agreements and infringement disputes.
At Burger Huyser Attorneys, we provide comprehensive patent services, ensuring that your intellectual property is legally protected and enforced. Contact Burger Huyser Attorneys today for expert legal advice on patent registration, protection, and enforcement in South Africa. Let us help you safeguard your valuable inventions.
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
