Patentability Requirements

For an invention to be patentable in South Africa, the invention must be –

  1. ABSOLUTELY NOVEL – i.e. the invention must not have been made available to the public, anywhere in the world, in any manner (whether through written or oral description, through use, or in any other way) before the first patent application in respect of the invention is filed.
     
  2. INVENTIVE – i.e. the invention must not be obvious to a person who is skilled in the particular technology to which the invention relates, if such a skilled person had the benefit of all prior art relating to the invention.
     
  3. USEFUL – i.e. the invention must be capable of being used or applied in trade, industry or agriculture.

Technology Searches

It is not always easy to know for certain if an invention satisfies the novelty and inventiveness requirements for patentability.  However, we can conduct international technology searches for all prior technologies and disclosures relating to any invention.  Please contact us for a detailed quotation.

 

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