South African Patent System
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South African Patent System
The South African patent system is the system by which patents are granted in South Africa. As is the case in many other countries, a patent provides legal protection for a new and industrially applicable invention. This invention, which constitutes either a product or process, has to be brought about as a result of an inventive step. Essentially, this new product or process has to represent a new way of doing things or has to provide a technical solution to a real-life industrial problem. An invention is only considered to be new and based on an inventive step if the same idea has not been expressed in writing, orally or practically, or in any other way, anywhere immediately prior to the priority date of the invention. South African Patent Act and CIPC In terms of the South African Patent Act 57 of 1978, the Companies and Intellectual Property Commission (CIPC) is the custodian of all new patent applications that are filed within the Republic of South Africa. An individual c ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Patent Attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person is qualified as a lawyer. Qualification regimes In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 27 Member States of the Europ ...
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First World
The concept of First World originated during the Cold War and comprised countries that were under the influence of the United States and the rest of NATO and opposed the Soviet Union and/or communism during the Cold War. Since the collapse of the Soviet Union in 1991, the definition has instead largely shifted to any country with little political risk and a well-functioning democracy, rule of law, capitalist economy, economic stability, and high standard of living. Various ways in which modern First World countries are usually determined include GDP, GNP, literacy rates, life expectancy, and the Human Development Index. In common usage, "first world" typically refers to "the highly developed industrialized nations often considered the westernized countries of the world". History After World War II, the world split into two large geopolitical blocs, separating into spheres of communism and capitalism. This led to the Cold War, during which the term ''First World'' was often ...
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Globalisation
Globalization, or globalisation (Commonwealth English; see spelling differences), is the process of interaction and integration among people, companies, and governments worldwide. The term ''globalization'' first appeared in the early 20th century (supplanting an earlier French term ''mondialization''), developed its current meaning some time in the second half of the 20th century, and came into popular use in the 1990s to describe the unprecedented international connectivity of the post-Cold War world. Its origins can be traced back to 18th and 19th centuries due to advances in transportation and communications technology. This increase in global interactions has caused a growth in international trade and the exchange of ideas, beliefs, and culture. Globalization is primarily an economic process of interaction and integration that is associated with social and cultural aspects. However, disputes and international diplomacy are also large parts of the history of globalizat ...
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Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ...
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Computer Program
A computer program is a sequence or set of instructions in a programming language for a computer to execute. Computer programs are one component of software, which also includes documentation and other intangible components. A computer program in its human-readable form is called source code. Source code needs another computer program to execute because computers can only execute their native machine instructions. Therefore, source code may be translated to machine instructions using the language's compiler. ( Assembly language programs are translated using an assembler.) The resulting file is called an executable. Alternatively, source code may execute within the language's interpreter. If the executable is requested for execution, then the operating system loads it into memory and starts a process. The central processing unit will soon switch to this process so it can fetch, decode, and then execute each machine instruction. If the source code is requested for execution, ...
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Inventor
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence, the term "inventor" no longer exclusively applies to an occupation (see human computers). Some inventions can be patented. The system of patents was established ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretches along the South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. As of July 2024 South Africa has the largest economy in Africa. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 62 million people, the country is the world's 23rd-most populous nation and covers an area of . Pretoria is the administrative capital, while Cape Town, as the seat of Parliament, is the legislative capital. Bloemfontein has traditionally been regarded as the judicial capital. The Constitut ...
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Patent Application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent offic ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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South African Statutes And Other Legislation
The Constitution of the Republic of South Africa ''The Constitution of the Republic of South Africa Act'', No. 108 of 1996 is the piece of legislation against which each prior piece of legislation must be judged and if necessary be amended, and it is backdrop which has coloured each subsequent piece of legislation promulgated. It was negotiated after the collapse of the race-based apartheid government and the political redefinition of South Africa. During the negotiations around this change the ''Interim Constitution of the Republic of South Africa Act'', No. 200 of 1993 held the fort, as it were, until the final Constitution of the Republic of South Africa, 1996, was negotiated and promulgated. The Interim Constitution was repealed by the Constitution of the Republic of South Africa, 1996. The Constitution of the Republic of South Africa holds the all important South Africa Bill of Rights, Bill of Rights, sets up the administrative, judicial and political systems and str ...
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Priority Right
In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his ''successor in title''. The period of priority, i.e., the period during which the priority right exists, is usually 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is often referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date o ...
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