Patents are exclusive rights g

Patents are exclusive rights given to an inventor by agovernment according to Scott and Cornelius (2017:458). In SouthAfrica, the Registrar of Patents and his staff evaluate a patent.Formalities and administrative matters are checked to ensurecompliance with all formalities are met. In regard to the abovestatement outlines the requirements, application, specification,and infringement of patents


Requirements ofPatents.

In order to get patent an invention must fulfill somerequirements. Every invention must be new ornovel. If the invention is found to be disclosed in any part of theworld the patent right will got cancelled. An invention must becapable of beingapplied in trade industry etc. That meansinvention must be useful or productive. There is also a subjectmatter requirements that is the subject matter must becovered underthe law. An invention should notbe an extension of already existing products of inventions. Or itshould not beobvious.

Application for patents

In order to apply for patent a company first of all needs to;

describe about their invention,the very first idea they got ,full explanation of the concept, preparation of modelorprototype.the process of inventions also needs to be described.

There are certain criterias to get patents . If the invention ishaving any similarities or it is an obvious outcome of anotherinvention the application for patent will got rejected.

It is also necessary to assess the invention, their potentialand capability as a commercial invention.

Conducting research is significant to check the field ofinvention to know whether there is related inventions anywhere.Searching can be done on internet or can check on the depositorylibrary for patent.

An application have to be prepared after that. There are twokinds of applications,REGULAR PATENT APPLICATION (RPA)&PROVISIONAL PATENT APPLICATION (PPA). RPA is the exact applicationwhereas PPA is not an actual application it gives a pendingapplication for patent. First a provisional application is giventhen a complete application and a Patent Cooperation Treaty(PCT)

Specification ofpatents.

To get Patent one have to make specification which includescomplete description of invention. In a specification the legal andtechnical details or features of invention have to be mentioned. Ina specification there must be a:

Title for the invention

Reason or background of invention.(Idea)

Objectives of the invention

Description about invention

Claims for getting the patent.

Abstract of Patent.

Infringement ofPatents.

It is a part of unethical and unlawful activity. As it is aunauthorised selling manufacturing or importing of Patent withoutthe knowledge or permission of the original Patent holder. In caseof Patent infringement Civil courts are having the right to takedecisions. If an infringement is found to be intentional the courtwill order for penalty to be paid by the infringer and give it topatent holder

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