Provisional Filing Information
1. Disclosures And Exploitation
1.1 Details of the invention, to the extent that it is fully described in the specification, may now be disclosed without prejudicing the validity of any patent which may be granted on this application (but see paragraph 3 below).
1.2 Furthermore, exploitation of the invention may now be commenced 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. … Please note that when a complete application based on this application is filed (see paragraph 3), a new number will be allocated which will become the number of the patent when granted.
1.4 Please note that the novelty of an invention may be destroyed, among others, by a prior publication in this or in any other country. If information about prior patents for similar or corresponding inventions is required, we can conduct novelty searches locally or abroad (or an additional novelty search if one has been conducted already). 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 patents, 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.
2. Novelty And Obviousness
We confirm having drawn your attention to the definition of “new” as defined in the Patents Act 57/1978 (see our local pamphlet, available on our website and on request). The specification has been drafted and the patent application has been filed on the assumption that as far as you are aware the invention is “new”. The fact that we have undertaken to file this application should not be interpreted as an indication or guarantee that a valid patent will be obtained for the invention.
3. Complete Patent Application And Patent Protection Abroad
3.1 If complete patent protection is to be obtained for the invention in South Africa, then a complete patent application should be filed by not later than the date given in the heading to this letter. If a complete patent application is not filed, the provisional patent application will lapse.
3.2 If the provisional patent application lapses after the invention has been disclosed (e.g. according to paragraph 1.1 above) then the invention will no longer be “new”, and no further South African patent application can be filed therefor. Accordingly, if there is a risk that an invention may take more than 12 months to test and develop, both technically and commercially, it may be prudent to keep it secret, so that such disclosure does not prevent the present application from being withdrawn and refiled. In this case, we suggest that you let us know, so that we may advise you more fully. On the other hand, this risk may be acceptable if it is important to establish the commercial viability of the invention at an early date.
3.3 The filing of the complete application involves the filing of a further patent application accompanied by a complete specification at the Patent Office and by claiming priority from the above provisional application. The complete specification should fully describe the invention and include formal drawings. If a complete application is to be lodged, please let us have details of the invention in its perfected form, at least two months before the date set out in the heading to this letter.
3.4 Patent applications in other countries must also be filed by this date to obtain the benefits of the International Convention. If the filing of foreign applications is being contemplated, e.g. in overseas or African countries, please refer to our local pamphlet. If protection is required in Namibia, Taiwan, or in any other non-Convention countries, independent applications must be filed there while the invention is still “new” in accordance with the laws of that country.
4. Developments And Improvements
If further developments and improvements take place in the invention, which are not fully described in the specification as on file, then it may be necessary to file a further provisional patent application to cover them. Such further application may be cognated with the earlier application by the filing of a single complete specification claiming priority from both earlier applications. It is advisable to test and develop the invention in all its aspects as soon as possible to ascertain whether or not it has sufficient commercial value to warrant the costs of completing the application.
5. 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.
6. Change Of Contact Details
Please keep us promptly advised of any change of contact details.
7. Trade Mark Protection
In exploiting the invention, a reputation for quality and service under a name or mark may become established. If such reputation is to be protected by registering the name or mark as a Trade Mark at the Trade Marks Office and information regarding the registration of Trade Marks is required, please let us know.