Adams & Adams is Africa’s largest intellectual property law firm, with over 100 attorneys and offices across the continent. Recognised locally and internationally, the firm delivers expert Intellectual Property (IP), commercial, real estate, and dispute resolution services, tailored to diverse client needs.
Common Patent Misconceptions
Vishen Pillay: There are a few, but one of the most common misconceptions inventors have about patents is that they can go back and patent their inventions once they have disclosed them publicly or without confidentiality/non-disclosure agreements. There are certain exceptions, but in most cases, an invention is required to be kept strictly confidential until a patent application is filed for it. The only person you should be telling about your invention is your patent attorney!
When to Start Thinking About Patents
Amina Suliman: As soon as an inventor has a concrete invention that can be fully described in a manner such that someone skilled in the field could make and use it and achieve similar results, then they should be ready to file a patent application. One does not know what other people are working on around the world. In general, the sooner one files a patent application, the better.
Protecting IP When Expanding Abroad
Udi Pillay: IP is territorial in nature. This means that your rights only apply in the country in which protection is granted. Should a local business wish to expand beyond South Africa, we recommend conducting searches and, if possible, registering the IP in the relevant countries in order to adequately protect its rights.
Avoiding Trademark Infringement
Nishi Chetty: As a first step, the entrepreneur should conduct preliminary searches and research on various platforms to check if any third parties are using the same or a similar mark in relation to the goods/services of interest. Once completed, we may then assist with a trademark availability search at the Trade Marks Office.
Tel: 031 536 3740
Web: www.adams.africa