Why Are Patent Rights Important?
Whether you are an inventor, entrepreneur, or business owner, protecting your unique ideas is essential to maintain a competitive edge. This is where patent rights come into play. A patent grants exclusive legal protection to an inventor, ensuring that others cannot use, sell, or reproduce their invention without permission.
Patent rights serve several crucial purposes:
1. Protecting Innovation
A patent ensures that the inventor has exclusive control over their invention, preventing others from copying or profiting from their idea without authorization.
2. Encouraging Economic Growth
By granting inventors exclusive rights, patents promote technological advancements and investment in research and development.
3. Providing Competitive Advantage
Patents give businesses a monopoly on their inventions, allowing them to stand out in the market and generate revenue from their innovation.
4. Enforcing Legal Protection
If someone infringes on a patent, the patent holder has the legal right to take action against them, ensuring that their intellectual property is safeguarded.
What Can Be Patented?
To qualify for a patent, an invention must meet the following three key criteria:
1. Novelty (Newness)
The invention must be completely new and must not have been publicly disclosed before the patent application is filed.
2. Inventive Step (Non-Obviousness)
The invention must show a significant improvement that is not obvious to someone skilled in that field.
3. Industrial Applicability (Usefulness)
The invention must have practical utility and be capable of being manufactured or used in an industry.
What Cannot Be Patented?
While patents provide broad protection, certain ideas and concepts cannot be patented in South Africa, including:
- Scientific theories and mathematical methods
- Business methods and financial schemes
- Computer programs (unless they have a technical effect)
- Medical or surgical procedures for human or animal treatment
- Discoveries of naturally occurring substances
- Aesthetic creations such as music, art, or literature
If your invention falls under any of these categories, you may need to consider alternative intellectual property protections, such as copyrights or trademarks.
How Long Do Patent Rights Last?
In South Africa, a patent is valid for 20 years from the filing date, provided that annual renewal fees are paid from the third year onward.
Once a patent expires, the invention enters the public domain, meaning that anyone can use, sell, or reproduce it without restriction.
How to Obtain Patent Rights in South Africa
Step 1: Conduct a Patent Search
Before filing a patent application, conduct a patent search to ensure that your invention is original. You can check existing patents through:
- The CIPC (Companies and Intellectual Property Commission) database
- The World Intellectual Property Organization (WIPO) database
- The European Patent Office (EPO) database
Step 2: File a Provisional or Complete Patent Application
- Provisional Patent Application: Protects your idea for 12 months while you finalize your invention.
- Complete Patent Application: Must be filed within 12 months of the provisional application to obtain full legal protection.
Step 3: Patent Examination and Approval
Unlike other countries, South Africa follows a non-examining patent system, meaning that the CIPC does not conduct a full assessment of novelty or inventiveness. The responsibility falls on the applicant to ensure that the invention is valid.
Step 4: Enforcing Patent Rights
Once a patent is granted, the patent holder has the legal right to take action against anyone who uses, manufactures, or sells the invention without permission.
How Can a Patent Be Enforced?
If someone infringes on your patent rights, you can take legal action against them. Patent infringement cases may result in:
- A court order to stop the infringing party from using your invention
- Financial compensation for damages
- Seizure of unauthorised copies of your product
To enforce your patent rights effectively, it is advisable to seek legal assistance from intellectual property attorneys who specialize in patent law.
Why Work with a Patent Attorney?
Obtaining and enforcing patent rights can be complex. A patent attorney can help you:
✅ Draft a strong patent application
✅ Conduct thorough patent searches
✅ Ensure legal compliance with South African law
✅ Enforce your patent rights if infringement occurs
At Burger Huyser Attorneys, we specialise in intellectual property law and assist individuals and businesses in securing and protecting their patent rights. If you need assistance with patent registration, enforcement, or legal advice, contact Burger Huyser Attorneys today for expert guidance in securing your intellectual property rights.
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
