Jul 17, 2014 south africas ip office, for example, received 7,444 patent applications in 2012. The intellectual property protection of computer software has been highly debated at the national and international level. The south african patent system is the system by which patents are granted in south africa. The hardhitting paper, authored by researchers anastassios pouris of. In 2008, south africa granted 2,442 pharmaceutical patents, according to research by carlos correa at the university of buenos aires south centre. South africas ip office, for example, received 7,444 patent applications in 2012.
The international application will designate countries in which the applicant seeks protection. It also lays out certain minimum rights to be afforded to ip holders. 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. This despite a patent act which precludes software from being patented. Pdf patents and economic development in south africa. You will need to register as a cipc customer in order to login into the iponline system. This invention, which constitutes either a product or process, has to be brought about as a result of an inventive step. 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. Microsoft has begun patent trolling in sa, novell skeptic responds software patents in. South african owners of trademarks designs or their trademark patent attorneys may now file corresponding south african trademarks and designs online. Under the patent law the invention must be completely new. It discusses what a software patent is and the legal.
Patent searchinformation support south africa the patent. Users who login using cipc customer accounts can create beneficiary accounts that will use funds from their customer account for ip transactions. 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. South africa must take lead from nz on software patents july 15th, 2010 no comments. Best trade mark and patent attorneys in south africa.
Therefore, our courts may well turn to the decisions in britain and europe for guidance on south african softwarerelated matters. If you require patent protection in south africa you will need to file a separate patent application. Patent cooperation treaty is an interim route towards obtaining separate national patents in over 140 countries, including south africa. How to register a patent in south africa ideanav patent.
There is therefore no clear indication of the interpretation that the courts would lend to this section of the patents act. The south african patents act of 1978 currently excludes a program for a computer from patentability. Jun 20, 2011 indeed, the boundaries of computer software patentability are still to be determined in south africa. Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. History of software patents, from benson, flook, and diehr. Microsoft has begun patent trolling in sa, novell skeptic responds software patents in south africa, microsofts turn. Complete patents must be signed and filed by a patent attorney.
This booklet contains comprehensive information as to the requirements for the filing and maintenance of patents throughout the african continent, and the surrounding islands. This fee covers drafting, filing, prosecution and grant of the south african patent. Patents in africa introduction welcome to the latest version of our booklet patents in africa. There have been no dispute settlement procedures regarding software patents. In addition, the dispute has also drawn attention to other issues such as trade secrets, the misuse of confidential information and unlawful. All the information in this booklet is also available on the website. Inventors struggle to protect patents in africa reuters. Indeed, the boundaries of computer software patentability are still to be determined in south africa. 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. Substantial similarities nevertheless exist between our patents act and britains patents act. Intellectual property ip is a piece of work that isnt a tangible object. 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. Brazil granted just 278 patents between 2003 and 2008. 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.
Changes coming to south africas patent system inter. 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. Microsoft has been granted over 300 patents in south africa, most of which are for software ideas. South africa must take lead from nz on software patents july 15th, 2010 no comments tags. Software patents in south africa to be or not to be. 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. 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. South africa has been under lockdown due to covid19 since 27 march 2020. 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. Companies like microsoft emea europemiddleeastafrica glaxosmithkline and cussons are being affected daily and poses significant dangers not only to public health but. Both businesses and people have problems protecting their ip. A lot of what were providing patents on is not actually meeting patent standards to provide something new and innovative. Of these, 608 were filed by residents, the rest were by foreign applicants, according to wipo statistics. Our charge to prepare and file a south african complete patent application is r11,950 excl.
Cipc intellectual property online south africa s official portal for ip services. 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. Prometheus as well as important federal circuit opinions state street and bilski. A muchpublicised patent dispute has shone a spotlight on patents, and particularly the issue of software patent protection. Securing patent protection in south africa is affordable. 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. 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. 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. Patent registration in south africa ip guide ip coster. Software patents are thus a natural and necessary protection for original ideas. As is the case in many other countries, a patent provides legal protection for a new and industrially applicable invention. The evolution of software patents in europe inventa.
The search for the south african granted patents can be conducted in the cipc office or online by using the following link. 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. Daniel ravicher is a patent lawyer who supports abolition of software patents. South africa must take lead from nz on software patents. This treaty allows an individual to file an international application as well as a national application. 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. Software patents in south africa the patenting of south african software is the subject of much heated debate. This section discusses important supreme court cases in this history software patents benson, flook, diehr, bilski, and mayo v. 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. Essentially, this new product or process has to represent a. However, you may, within 12 months software patents historically. Software patents in south africa mybroadband forum. It discusses what a software patent is and the legal protection it offers. 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. To register a patent in south africa is surprisingly simple, quick and affordable.
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. Under the law, s, trademarks, trade secrets, and patents protect ip. The patent law in south africa requires that an invention meets three important conditions. However, as from 1 may 2020, we have moved to an alert level system having levels 5. While the concept has never been examined by the judicial system, software patent applications are being granted by the patent office.
Dan ravicher on software patents software patents wiki. Accordingly, such patents and nonpatent literature cannot be ignored for any patent studyopinion covering south africa. For foreigners, it is required to perform the patent prosecution in south africa through an agent, a registered south african patent attorney. Microsoft is, unsurprisingly, one of the main registrants of software. 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. The result would be a valid south africa patent which is enforceable against and will provide a barrier to entry for multinational software companies. 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. A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. The issue of softwarerelated patents is such a case. This section of bitlaw provides a history of how software went from unpatentable to patentable. Software patents computer program inventions patent.
Software and hardware work in tandem in today s information society. Extend your design registration to south africa by filing a south african convention design application online. Our charge for conducting a professional patent search is r4,950. Their standard patents are thus similar to the utility models and innovation patents available in other countries. Ip usually comes from creativity and could be could be a manuscript, a formula, a song, or software. 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. 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. 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. South africa does not permit the patenting of software, but microsoft andor novell have ignored the law. Software patents, third edition wolters kluwer legal. In south africa, patents are regulated by the patents act no. South africa has an unusual nonexamination system regarding the approval of patent applications. 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.
1308 1318 122 180 881 245 690 28 526 755 157 503 1011 160 1130 1233 1215 1000 1345 1339 1074 430 446 202 1349 248 139 577 949 934