Top 5 tips on how to protect your invention in South Africa

You have a great idea. This is what you should do:

Tip 1 – Protect your secret information with a good NDA

There are many things to do before starting the patent process – patent search, design, prototyping. During this early stage, ensure that people you disclose your confidential information to have signed a good confidentiality agreement (NDA).

The best free customisable NDA is available at SuperNDA.

Tip 2 – Choose between protection, marketing and deterrence

Conduct searches to clarify the scope of protection you can realistic secure. Then, decide whether you will use intellectual property for protection, marketing or deterrence. Most people automatically default to “protection”, but be intentional when making this decision.

Depending on your choice, your filing approach and costs will vary significantly. For instance, protection will require patent registrations in each of your target countries, whereas marketing and deterrence may only require a quick Patent Pending Number.

Tip 3 – File a provisional patent

Inventors can file a provisional patent themselves … with the help of templates and online systems. Filing a provisional patents can be simple and low-cost.

Within a business day of filing, you will receive a provisional patent number that entitles you to:

• mark your product “Patent Pending”;
• advertise and sell your product without affecting your right to file a complete patent in respect of your provisional patent; and
• file a complete patent within the next 12 months to obtain enforceable patent rights.

Tip 4 – Register a design

Don’t focus only on patents. There’s a lot more you also need to think about.

Before you sell your manufactured product, register a design to protect its shape.

Simply:

• take photos of your product – front view, back view, top view, bottom view, left view, right view and perspective view;
• upload the photos to the GlobalIPCo online system;
• download pre-populated forms, sign them and upload the signed forms; and
• pay by credit card.

The process takes only a few minutes and will prevent others from making a product that looks substantially similar to yours for 10/15 years. Then easily extend your design to the EU.

Designs are cheap and effective, but the the most overlooked form of protection.

Tip 5 – Trademark register your brand

Ultimately, your brand will likely be your most valuable asset – more valuable than your patents or designs.

Prevent others from using a confusingly similar brand in respect of similar products by filing a trademark application.

What you can expect to pay