A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

A patent provides protection for the owner, which gives him/her the right to exclude others from making, using, exercising, disposing of the invention, offering to dispose, or importing the invention. The protection is granted for a limited period of 20 years.

A patent may be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. These include inventions such as appliances, mechanical devices and so on. However, you may not protect things such as :

• Computer programmes
• Artistic works
• Mathematical methods and other purely mental processes
• Games
• Plans, schemes, display of information
• Business methods
• Biological inventions
• Methods for treatment of humans and animals

Please note that the above mentioned things cannot be patented as such.  For example, a computer programme is patentable as part of a technical solution, i.e. when it is used to operate a specific device or machine such as a winder, a crane or parking management.

A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year from the date of filing in South Africa. It is important to pay an annual renewal fee to keep it in force. The patent expires after 20 years from the date of application.

Checklist for registration of patent: