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ARTICLE · 01 MARCH 2019

Patenting A Design?

Intellectual property rights are divided into a number of different categories, each of which is regulated by its own act, or by the common law

South AfricaIntellectual Property

Intellectual property rights are divided into a number of different categories, each of which is regulated by its own act, or by the common law. Patents and designs make up two of these categories. The proprietor of a patent or registered design is afforded a legal monopoly over an invention or design, so that it can have and enjoy, for a limited period of time only, the whole profit and advantage accruing by reason of the invention or design.

A patent is an exclusive right granted by the government to an inventor, or another party who has acquired from the inventor the right in the invention, in exchange for a full disclosure of the invention to the public, and can only be obtained for an invention which is new, inventive and capable of being applied in trade or industry or agriculture. Due to the novelty requirement, it is vital that an invention be kept secret, or only disclosed to third parties in confidence, before a patent application is filed.

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