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 individu ...
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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 sufficiency of disclosure, 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 la ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. Its nine provinces are 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; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has a population of over 63 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the region over 100,000 years ago. The first known people were the indigenous Khoisan, and Bantu-speaking peoples from West and Central Afr ...
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