Patent Inventorship: Not Always So Patently Clear

The South African Patents Act No. 57 of 1978 ("the Act") does not define "inventor" per se, although it is generally understood to refer to a natural person who conceives of something novel in the context of patentability criteria. Unless otherwise provided or agreed, the inventor is the first entitled to file a patent application to have his/her invention protected. Where an inventor is employed to research/invent on behalf of an employer, such inventor has a right to be cited on a patent application as an inventor, whilst the invention is generally assigned to the employer by way of a general assignment in the employment contract, or by a specific assignment for the patent application in question, with the employer being the rightful owner/assignee of the patent application.