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ARTICLE · 23 SEPTEMBER 2019

Second Opinion On Patentability And Protection

Patients often go for second medical opinions, especially when the diagnosis is bad news. The same should go for patentability as well,...

South AfricaIntellectual Property

Patients often go for second medical opinions, especially when the diagnosis is bad news. The same should go for patentability as well, but inventors often take the first diagnosis to patentability and protection of their invention as the final truth.

You have an invention and would like to find out whether it is patentable or not. You approach a patent attorney – often the cheapest one – for an opinion. You provide a short overview of the invention and a novelty search is conducted. The search results show that your invention is not new, so the recommendation is that you should not file a patent application. This is often the stage where inventors abandon their invention, or at least abandon the prospects of protecting it.

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