Entrepreneur Incubator Blog2016-12-02T12:27:47+02:00

An introduction to Patents

This article comes from the website of VonSiedels with their permission

What is a patent?
A patent is a limited monopoly granted by the state to an inventor, or other person entitled to the invention, in exchange for a full disclosure of the invention to the public. This monopoly entitles the patent holder to prevent others from using the invention in any practical manner for the duration of the patent so that only the patent holder enjoys any profit or advantage that the invention affords for the period. After expiry of the period members of the public is free to use the invention.
Is my invention patentable?
To be patentable in South Africa an invention must be new, inventive and useful.
“New” means that the invention has not been made available to the public anywhere in the world – by word of mouth, by use, in any printed publication, or in any other way – before a first application is made for a patent. It is difficult to establish whether an invention is, in fact, new, but novelty may be assessed by carrying out searches through existing printed publications that include previously published patent specifications.
“Inventive” means that the invention must not be obvious to a person of ordinary skill in the art to which the invention relates. Put differently, the invention must not be so similar to what was available or used previously that it required little or no ingenuity to make the invention; that is to say, it must involve an inventive step. For example, it would be obvious to make an article that was previously made exclusively of metal in a plastic material, if there were no special and unforeseeable advantages to making it in plastic.
“Useful” means the invention must be capable of being applied in trade, industry or agriculture.
In addition to the above three requirements, there are certain “inventions” which cannot be patented in South Africa. The most important of these are pure business methods and computer programs. This prohibition, however, does not extend to inventions that merely make use of business methods or computer programs, while not constituting business methods or computer programs as such. We urge you to contact us if you are uncertain as to whether an invention constitutes a pure business method or computer program.
Lastly, a method of treatment of the human or animal body by surgery, therapy or diagnosis is not patentable in South Africa.
How long does a patent last?
A South African patent lasts 20 years from the date of application, subject to the payment of annual renewal fees as from the third anniversary of the filing date.
How easily can someone else get around my patent?
The scope of protection afforded by a patent is defined by the patent claims. A well-drafted set of patent claims will prevent others from being able to reverse-engineer the invention by including or excluding inessential features while still using the basic idea of the invention. This is why the use of patent attorneys who are experienced in the drafting of patent specifications is so important.
What can I do with a patent?
A patent is property and may be sold (by way of assignment) or licensed for use by others. Alternatively, a patent can be used defensively to prevent others from exploiting the invention, provided the patent holder exercises with the invention to an adequate extent.
How do I apply for a patent?
A patent application is made by filing a patent specification, together with the necessary forms and government fees, at the Patent Office in Pretoria. The patent specification, which includes a description of the invention as well as any drawings which may be necessary for a clear understanding of the description, may be either a provisional or complete patent specification.
If the invention is not yet in its final form it is preferable to file a provisional patent application first, and then a complete patent application within 12 months, because improvements made to the invention can be incorporated into the complete patent specification. A complete application may be in the first instance if sufficient information about the invention and its implementation are available.
If given a description of the invention, we will prepare the patent specification and the necessary forms and file a patent application on your behalf. All the administrative functions will be carried out by our offices.
How do I get patents in other countries?
A patent application must be filed in each country in which protection is sought. However, in respect of most countries in the world, corresponding foreign patent applications can be filed within 12 months from the first patent application in terms of the Paris Convention.
The Patent Cooperation Treaty (PCT) provides a mechanism to delay the filing of individual foreign applications by a further 18 months and also provides a facility for tailoring a patent specification according to the results of an international search and examination. Should you require patent protection in more than 2 or 3 foreign countries, we usually recommend filing a PCT patent application, unless it is essential that granted patents be obtained in the foreign countries as soon as possible.
A PCT application must be filed within 12 months from the date of first filing a patent application, regardless of whether the first patent application is a provisional or complete South African patent application.
What are the costs involved?
The cost involved in preparing and filing a provisional or complete patent application will vary from case to case and will depend on the length of the patent specification and that will, in turn, depend on the technology and the type of invention.

By |November 15th, 2017|General, Legal|0 Comments

Beth Schmidt Founder and Executive Director Wishbone

Beth Schmidt is the founder and Executive Director of Wishbone. Wishbone is a scalable web platform that links at-risk high school students with the online donor community to fund their educational dreams.

These opportunities to participate in extracurricular activities help them identify and pursue their passions and career goals.

This video is produced by Kauffman Foundation for Khan Academy.

 

By |November 14th, 2017|Techno Tuesday|0 Comments

What to do with all the slips in your wallet?

In our series in financial management, we are talking about Recordkeeping this week. Recordkeeping comes in many different forms; people keep diaries to record their day, people keep a record of the statistics for their favourite football team, people record the rainfall on a daily basis. Each of these records serves the same purpose – to summarise information in a way that helps us to make decisions.

The same applies to financial recordkeeping in a business. Whether it is recording cash payments in one of those old-fashioned ledger books, importing bank statements into an accounting system, or typing in the details of your slips on a spreadsheet, the purpose remains, to make sense of the noise and create order from the chaos.

A recordkeeping system in your business takes all the details (payments, invoices, slips) and summarises them in the way that is useful. Typically similar items are grouped together, say, payments in a spreadsheet. These are then categorised in some way – payments for entertainment, groceries, stationery, rental, salaries, etc. In this way, we can use this information to draw out some conclusion, such as, how much are we actually spending on entertainment, how much has the spending on office consumables increased over the last 3 months, how much does leave cost the company?

The objectives of a good financial recordkeeping system are:

– To include all transactions

– To use consistent categories to be able to compare similar transactions over time

– To produce summarised information in the same format as the plan or budget

– To be a data source that is useful and relevant

– To be up-to-date on a regular basis, so the information is useful for timely decision making

Nowadays, a lot of the legwork of a recordkeeping system is automated in an accounting package. A number of accounting packages are cloud-based and inexpensive, taking the hassle out of updating a spreadsheet at the last minute.

If you are undecided or have not yet considered a financial package for your business, then please contact us for some recommendations.

Next week, we’ll look at the output from all this recordkeeping, the financial reports, where it finally starts to actually help you run your business.

By |November 13th, 2017|Financial Management|0 Comments

Make your Year End lists

As a team or alone make a list of all the things you have not yet gotten to this year. Time to purge that guilt and get it all on paper for all to see. This is great therapy for a team to share the items that were not done. IT is not a guilt trip, but a time of celebration of what was not done because you were too busy doing other things.

Then cross off the items that are now no longer relevant to the business or team. This leaves you with a new list that will feed into next week’s plan.

 

By |November 10th, 2017|General|0 Comments