How do I trademark my invention?

Trademarks protect BRANDS under which you trade (e.g. PUMA, KPMG), whereas Patents protect INVENTIONS.

You cannot protect your invention by registering a trademark.

Patent your invention

To protect your invention, your:

  • product must include a new and inventive feature
  • method must include a new and inventive step

https://ideanav.co.za/wp-content/uploads/2021/07/International-patent-costs-2021.png

https://ideanav.co.za/wp-content/uploads/2021/07/International-patent-costs-2021.png

For instance:

  • Using an UBER-type system for delivering documents instead of passengers is not in itself patentable – you need to add a new and inventive step in the method that renders the existing system UBER system particularly suited for this new application;
  • Using a construction dust mask as a COVID 19 mask is not in itself patentable – you need to add a new and inventive feature that renders the existing construction mask particularly suited for this new application.

And, when considering whether a step / feature is “new”, don’t just consider South Africa. It must be “new” worldwide. Whether it is been commercially used / successful / patented is not relevant. Any disclosure, whether in a description in a patent / book, commercial sale, or public presentation impacts “novelty”.

It is best to start the patent process by filing a South African provisional patent application – review your patent options here.

You may file your first patent application yourself for only $199 through GlobalIPCo or for only $99 through Iptica and get a Patent Pending Number – see our patent template and provisional patent drafting and filing guide.

Provisional patent applications give you worldwide rights for 12 months.

Trademark register your brand

Your invention will be protected by patents for up to 20 years. Thereafter, anyone can copy the product. However, if you associate your invention with a brand and trademark register the brand, your brand can be protected indefinitely. For example, Coca-Cola is not protected by any patents – there are many similar beverages on the market – but ownership of the brand gives Coke a monopoly in this market (likely, forever).

To trademark register your brand is relatively inexpensive. You can even register your trademark online. Now, that your brand has little reputation, the benefit of a trademark registration may not appear great. But, as sales grow and your reputation increases, your brand will quickly become more valuable than any patent.

Latest Specials
  • Online SA design filing

    Only $299

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  • Trademark search

    R2,500 + vat

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  • File provisional patent

    Only $199

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  • Online SA trademark filing

    Only $199

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  • Register a Trademark in South Africa

    R4,090 + vat

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  • Patent Pending Number

    Only $199

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  • Save up to 70% on renewal fees

    Save up to 70% on patent renewal fees / annuities by paying them online

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  • EU Design Registration

    Only $625

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Get started with the patent process

Get in touch

Contact us

Intangible Consulting (Pty) Ltd
9 Kruger St
Oaklands
Johannesburg
South Africa

T +27 (0)11 483 1439
T +27 (0)11 483 3128 (alt.)
info@ideanav.co.za