Pdf patents and economic development in south africa. A muchpublicised patent dispute has shone a spotlight on patents, and particularly the issue of software patent protection. Microsoft has been granted over 300 patents in south africa, most of which are for software ideas. Brazil granted just 278 patents between 2003 and 2008. South africa does not permit the patenting of software, but microsoft andor novell have ignored the law. Software patents, third edition wolters kluwer legal. Software patents computer program inventions patent. The search for the south african granted patents can be conducted in the cipc office or online by using the following link. Microsoft is, unsurprisingly, one of the main registrants of software. Under the patent law the invention must be completely new. Jun 20, 2011 indeed, the boundaries of computer software patentability are still to be determined in south africa.
In 2008, south africa granted 2,442 pharmaceutical patents, according to research by carlos correa at the university of buenos aires south centre. South africa must take lead from nz on software patents july 15th, 2010 no comments tags. Patents in africa introduction welcome to the latest version of our booklet patents in africa. Of these, 608 were filed by residents, the rest were by foreign applicants, according to wipo statistics. Accordingly, such patents and nonpatent literature cannot be ignored for any patent studyopinion covering south africa. To register a patent in south africa is surprisingly simple, quick and affordable. Under the law, s, trademarks, trade secrets, and patents protect ip. This booklet contains comprehensive information as to the requirements for the filing and maintenance of patents throughout the african continent, and the surrounding islands. Software patents in south africa mybroadband forum.
Best trade mark and patent attorneys in south africa. There have been no dispute settlement procedures regarding software patents. There are many patents that are filed only in south africa, and nonpatent literature that is published only local languages or local journals of south africa, and nowhere else. Ip usually comes from creativity and could be could be a manuscript, a formula, a song, or software. Software patents, third edition will show you how to draft accurate, complete patent applications applications that will be approved by the patent office and that will stand in court if challenged.
In addition, the dispute has also drawn attention to other issues such as trade secrets, the misuse of confidential information and unlawful. Their standard patents are thus similar to the utility models and innovation patents available in other countries. Patent cooperation treaty is an interim route towards obtaining separate national patents in over 140 countries, including south africa. A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm.
Software patents in south africa to be or not to be. This invention, which constitutes either a product or process, has to be brought about as a result of an inventive step. For foreigners, it is required to perform the patent prosecution in south africa through an agent, a registered south african patent attorney. Our patent law is, however, mirrored on european and uk patent law and the approach taken in europe may therefore be a good guideline for south africa. The south african patents act of 1978 currently excludes a program for a computer from patentability. Unlike new zealand, south africa still lacks clarity in the area of software patents and this uncertainty is being exploited by a number of international software companies. Software patents worldwide is the only resource providing expert insights and howto guidance on drafting patent claims in the worlds key markets, which means you can practice with confidence and avoid errorseven in unfamiliar territory. The international application will designate countries in which the applicant seeks protection. That being said, the south african patent office is a nonexamining one, which means that if a complete patent application is filed and all the formalities are complied with, a patent. The issue of softwarerelated patents is such a case. The evolution of software patents in europe inventa. Jul 17, 2014 south africas ip office, for example, received 7,444 patent applications in 2012. This section discusses important supreme court cases in this history software patents benson, flook, diehr, bilski, and mayo v.
Securing patent protection in south africa is affordable. Inventors struggle to protect patents in africa reuters. Our charge for conducting a professional patent search is r4,950. South african owners of trademarks designs or their trademark patent attorneys may now file corresponding south african trademarks and designs online. If you require patent protection in south africa you will need to file a separate patent application. 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. The intellectual property protection of computer software has been highly debated at the national and international level. Therefore, our courts may well turn to the decisions in britain and europe for guidance on south african softwarerelated matters. Software patents in south africa the patenting of south african software is the subject of much heated debate. South africa the costs of obtaining and maintaining a patent in the brics economies brics is an acronym for an association of five countries. Such a software patent may well place the local competitor on as near an equal footing with these multinational companies as they are ever likely to get. Dan ravicher on software patents software patents wiki. Jun 27, 2011 the result would be a valid south africa patent which is enforceable against and will provide a barrier to entry for multinational software companies in south africa. Our charge to prepare and file a south african complete patent application is r11,950 excl.
This treaty allows an individual to file an international application as well as a national application. South africa must take lead from nz on software patents. A lot of what were providing patents on is not actually meeting patent standards to provide something new and innovative. Companies like microsoft emea europemiddleeastafrica glaxosmithkline and cussons are being affected daily and poses significant dangers not only to public health but. Users who login using cipc customer accounts can create beneficiary accounts that will use funds from their customer account for ip transactions. Microsoft has begun patent trolling in sa, novell skeptic responds software patents in. Essentially, this new product or process has to represent a. So it is no wonder that intellectual property protection of software is crucial not only for the software industry, but for other businesses as well. Complete patents must be signed and filed by a patent attorney.
History of software patents, from benson, flook, and diehr. South africa must take lead from nz on software patents july 15th, 2010 no comments. South african patents act of 1978 as amended from time to time by the patents amendment act 14 of 1979, patents amendment act 67 of 1983, patents amendment act 44 of 1986, patents amendment act 76 of 1988, general law amendment act 49 of 1996, intellectual property laws amendment act 38 of 1997, and patents amendment act 58 of 2002 patents act. South africas current intellectual property rights regime is failing to support the national system of innovation and is actively disadvantaging local inventors while facilitating exploitation by foreign interests, according to new research to be published in the september edition of the south african journal of science. Extend your design registration to south africa by filing a south african convention design application online. However, in 2005, the european patent organization epo had already granted over thirty thousand patents related to computer programs and, currently, computerimplemented inventions are the object of approximately 35% of european patent applications. In south africa, patents are regulated by the patents act no. The result would be a valid south africa patent which is enforceable against and will provide a barrier to entry for multinational software companies. Apr 23, 2014 there has unfortunately not been any case law to provide us with guidance regarding the patentability of software implemented inventions in south africa. This fee covers drafting, filing, prosecution and grant of the south african patent.
Its relevance for patentability in the domains of, for example, computerimplemented business methods, computer science and software information technology remains uncertain, since the trips agreement is subject to interpretation, 4 like all legal texts. This despite a patent act which precludes software from being patented. Software and hardware work in tandem in today s information society. Substantial similarities nevertheless exist between our patents act and britains patents act.
It discusses what a software patent is and the legal protection it offers. Patent registration in south africa ip guide ip coster. International patent protection it is important to note that patents are territorial rights a patent granted in south africa can be enforced in south africa only. This section of bitlaw provides a history of how software went from unpatentable to patentable. Prometheus as well as important federal circuit opinions state street and bilski.
While the concept has never been examined by the judicial system, software patent applications are being granted by the patent office. South africa is one of 148 countries that is a member of the patent cooperation treaty pct. While the concept has never having been examined by our judicial system, software patent applications are being granted by our patent office. However, as from 1 may 2020, we have moved to an alert level system having levels 5. 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.
Indeed, the boundaries of computer software patentability are still to be determined in south africa. Both businesses and people have problems protecting their ip. Patent searchinformation support south africa the patent. Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. It discusses what a software patent is and the legal. It also lays out certain minimum rights to be afforded to ip holders. South africa has an unusual nonexamination system regarding the approval of patent applications. He is the executive director of public patent foundation pubpat and legal director of software freedom law center ravicher was also involved in open source risk management. Aug 04, 2017 national registration is the only method possible in south africa, the top patent office in africa, which is neither a member of aripo nor a member of oapi. As such the patent lawyers will conduct a novelty search in trade magazines, online, through databases, and newspapers around the world to establish whether any reporting was. Changes coming to south africas patent system inter. Microsoft has begun patent trolling in sa, novell skeptic responds software patents in south africa, microsofts turn.
South africa has been under lockdown due to covid19 since 27 march 2020. Intellectual property ip is a piece of work that isnt a tangible object. But, before contacting a patent attorney, we suggest that you conduct a patent search to identify the features of your invention that have not previously been disclosed anywhere in the world. How to register a patent in south africa ideanav patent. But while the controversy over whether patents and trademarks prevent access to affordable software and other products, the east africas markets are flooded with fake goods. The patent law in south africa requires that an invention meets three important conditions. Cipc intellectual property online south africa s official portal for ip services. All the information in this booklet is also available on the website. The result would be a valid south africa patent which is enforceable against and will provide a barrier to entry for multinational software companies in south africa.
However, as from 1 may 2020, we have moved to an alert level system having levels 5, 4, 3, 2, and 1 with level 5 being total lockdown. Daniel ravicher is a patent lawyer who supports abolition of software patents. Accordingly, as long as small startup companies refrain from patenting their software inventions in south africa, they are effectively leaving the playing field wide open for established corporations to obtain monopolies in those areas. Software patents are thus a natural and necessary protection for original ideas. There is therefore no clear indication of the interpretation that the courts would lend to this section of the patents act. However, you may, within 12 months software patents historically. However, there has not been any litigation in south africa on the specific section in the south african patents act dealing with the exclusion of software from patentability. South africas ip office, for example, received 7,444 patent applications in 2012.
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