A patent grants an exclusive right to an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
What kind of protection does a patent offer?
The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.
What can be patented?
Section 25 of the South African Patent Act, Act 57 of 1978 defines the scope of patentable inventions by specifying what cannot be patented.
A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. These include inventions such as appliances, mechanical devices and so on. However, you may not protect things such as:
- Computer programmes
- Artistic works
- Mathematical methods and other purely mental processes
- Games
- Plans, schemes, display of information
- Business methods
- Biological inventions
- Methods for treatment of humans and animals
How long does a patent last?
The patent provides for a monopoly to the owner, which gives him/her the right to exclude others from making, using, exercising, disposing of the invention, offering to dispose, or importing the invention. The protection is granted for a limited period of 20 years, subject to payment of annual renewal fees after the third year.