1. Disclosures And Exploitation

We draw your attention to the following:

1.1 details of the invention may be disclosed without prejudicing the validity of any South African patent which may be granted on this application;

1.2 furthermore, exploitation of the invention may be carried out in South Africa, provided that there is no prior South African patent, registered design or copyright which is in force and which is infringed by exploitation of the invention;

1.3 articles according to the invention may be marked South African Patent Application No. … or an abbreviation thereof such as RSA Pat. App. No. …;

1.4 if information about prior patents for similar or corresponding inventions is required, we can conduct a novelty search (or an additional novelty search if one has been conducted already) – see our patent paragraph (available on our website).  This can be important if heavy disbursements are incurred on the assumption that the invention is novel and the patent when granted will be enforceable against others;

1.5 furthermore, if an infringement search has not already been conducted at the RSA Patent Office to determine whether or not exploitation of the invention will infringe any prior South African patent, it can be important to have us conduct such a search, particularly before heavy disbursements are incurred in connection with such exploitation;

1.6 the filing of a patent application does not entitle an applicant to restrain other persons from exercising a similar invention, and threats of legal action must be avoided or at least professionally formulated at this stage (the monopoly arises only upon the grant of a valid patent);

1.7 if it is proposed to sell the invention or to license others to use the invention, it is advisable to conclude a written agreement clearly defining the terms of such sale or licence;

1.8 before details of the invention are disclosed in other countries, certain safeguards may be necessary, depending upon the country in which it is proposed to make such disclosure.

 

  1. Novelty And Obviousness

The specification has been drafted and the patent application has been filed on the assumption that as far as is known, the invention, as defined in the claims of the complete specification, was “new” (see our patents pamphlet), immediately before the effective date of each claim.  If a claim is fairly based on subject matter disclosed in the specification of an earlier application from which the present application claims priority, then the priority date of that claim is the filing date of that earlier application.  Otherwise, the priority date of a claim is the filing date of the present application.  The fact that we have undertaken to file this application should be not be interpreted as an indication or guarantee that a valid patent will be obtained for the invention.

 

  1. Further Prosecution Of The Application

In due course we will be able to send you the notification of acceptance of this application by the Registrar of Patents.  The acceptance must then be advertised.  Such advertisement comprises the publication in the Patent Journal of an abstract of the specification and simultaneous laying open to public inspection of all the documents filed.  The patent is deemed to have been granted as from the date of such publication.

 

  1. Corresponding Foreign Patent Applications

Advertisement of acceptance destroys the novelty of the invention to such an extent that it may be impossible thereafter to obtain valid patent protection in most other countries.  If, before acceptance of the application, further patent applications are to be filed in other countries we should immediately be instructed to apply for acceptance of this application to be delayed so that the right to file foreign applications is not prejudiced by premature acceptance and publication. If further information is required in this regard, please let us know.

 

  1. Developments And Improvements

If further developments and improvements take place in the invention, it may be advisable to file a further application to cover them specifically before they are exploited or disclosed.  If advice in this regard is required, please let us have details of the developments and improvements.

 

  1. Models

If any model has been left with us to assist in the preparation of this application and it is to be returned, please collect it as soon as possible, or arrange for it to be sent back to you.  If it is not collected or returned, we shall assume that it may be destroyed.

 

  1. Change Of Address

Please keep us promptly advised of any change of address.

 

  1. Trade Mark Protection

If exploitation of the invention is taking place under a Trade Mark, or if it is proposed to do so, you may be interested in Trade Mark protection.  If so, please let us know, so that we may advise you more fully.