People often confuse worldwide intellectual property rights
with international patents. It is important to note that
worldwide intellectual property rights are non-existent.
Each and every country has its' own rules and regulations
regarding patenting. An invention which is registered in
South Africa will be protected by the South African Intellectual
Property Laws, but it will have no protection against infringement
which may occur in another country. Infringement, in fact,
cannot occur in another country unless the invention has
been patented in that country as well.
The good news is that you can have so-called international
patents when you file for rights in all the countries through
regional organizations such as the Euro-Asian Patent Office
(EPO), or make use of the International Patent or Paris
Convention (IPC) provisions.
First step for international patents
Before you can apply for rights in other countries, the
invention must already have provisional application status
in South Africa. Another requirement is that you have to
apply at the foreign office within 12 months of your application
filing in South Africa. The applications in the other countries
must be complete and not just provisional applications.
If you wish to file for rights in countries which do not
form part of the Paris Convention, you need to inform the
intellectual property attorneys about your intentions with
your first contact. This is because the invention will be
invalid in the applicable countries if disclosed in public
prior to application in the specific countries.
Contact Smit & Van Wyk Intellectual Property Attorneys via their website
to help you with the registration of local and international
patents.
