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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 ...
Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention. In addition, section 3 of the Patent Act, 1970, also provides a list of non-patentable inventions for e.g. inventions that are frivolous or contrary to well established to natural laws.
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection.
Countries located in Asia were the source of 50.5% of all PCT applications in 2018. Applicants in Europe (24.5%) and North America (23.1%) were the other major sources of filings. The combined share for Africa, Latin America and the Caribbean (LAC) and Oceania amounted to 1.7% of total PCT filings. [10]
Novelty is requirement for a patent claim to be patentable. [1] In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considered new and therefore not patentable.
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
The plate of the Martin ejector seat of a military aircraft, stating that the product is covered by multiple patents in the UK, South Africa, Canada and pending in "other" jurisdictions. Dübendorf Museum of Military Aviation. The inventors, their successors or their assignees become the proprietors of the patent when and if it is granted.
Patentability – meeting the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Patentable subject matter – Novelty – Novelty under the European Patent Convention – Inventive step or non-obviousness –