Patent protects your rights to new innovations by preventing potential competitors from using, manufacturing, selling or exploiting your invention for a stipulated period of time. Our experienced patent attorneys can advise you on the patentability of your invention as well as assist you with your application process for registration globally.

With our unique range of technical expertise we are able to advise you on a variety of new technology.

A patent is an exclusive right granted for an invention, which can be either a product or a process that provides, in general, new way of doing something, or offers a new technical solution to a specific problem in the field of technology.

A patent provides protection for the invention to the owner of the patent in order to prevent others from making, using, distributing or selling the invention without the owner's consent. To apply for a patent, the invention must meet the following criteria:

  1. Novel;
  2. Inventive; and
  3. Industrially Applicable

Utility innovation, also known as "utility model" or "innovation patent" refers to an improved process or method of an existing invention. A utility innovation gives protection for an invention that normally has a short commercial life and is technically less complex. The requirements for utility innovation are less stringent as compared to patent.

In order to be register for utility innovation has to be new within the country of application and industrially applicable. The element of inventive step is not required for the registration of utility innovation.

Duration Of Protection:

A utility innovation is protected for 10 years from the date of application (or priority, whichever is earlier), renewable for two consecutive terms of five years each.

The following items are not patentable:

  1. Discoveries, scientific theories and mathematical methods;
  2. Plant or animal varieties, biological processes for the production of plants or animals (other than man- made living micro organisms);
  3. Schemes, rules or methods for doing business, performing purely mental acts or playing games; and
  4. Diagnostic, surgical and therapy for the treatment of human or animal.

Security Check

  1. A resident must first apply for protection in their country of origin before making an patent application in a foreign country.

Patent rights may be enforced only if the patent has been granted.

Once a patent has been granted, the owner has the right to exclude others from making or distributing your invention.

Should a person utilize such invention without the consent of the patent proprietor, such person is liable to the infringement of that patent.

It is also an infringement when a party disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or possess any such product either for disposal or otherwise.

In exercising his rights, a patent owner can take civil legal action against an infringing party, seeking relief in the form of an injunction to stop the infringing action, demand for the profits gained by the infringing party at his expense and/or, seek damages for the loss suffered.

It is possible to apply to have a patent revoked after its registration.

The grounds on which a patent may be revoked are set out in Section 56 of the Patents Act 1983 which stated that if:

  1. The invention is not a patentable invention;
  2. The patent was granted to a person who was not entitled to that patent;
  3. The specification of the patent does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art; or
  4. The material in the patent extends beyond the material in the application as filed.

It is set in law that any person can apply to have a patent revoked regardless of whether or not they hold an interest in that patent being revoked.