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Patents Act, No. 57 of 1978

Country/Territory
South Africa
Document type
Legislation
Date
1978
Source
FAO, FAOLEX
Original source
Government Gazette of the Republic of South Africa no. 6012/1978.
Long title
An Act to provide for the registration and granting of patents for inventions and for matters connected therewith.
Subject
Agricultural & rural development, Livestock, Cultivated plants
Keyword
Agricultural commodities Business/industry/corporations Capacity building Intellectual property rights/patents Property rights Registration Animal production Plant production Plant variety
Geographical area
Africa, South Atlantic, Southern Africa
Entry into force notes
This Act comes into force on January 1, 1979.
Abstract

This Act, consisting of 96 sections and divided into 16 chapters, applies to all patents within the country, including those granted before or after the commencement of the Act. The Act establishes the patent office which shall be controlled by a registrar of patents. The Act further provides for a register, designated as a public document, in which shall be entered the particulars of patent applications, particulars of inventions and classifications of patents according to subject-matter. The Act also provides for patent agents and patent attorneys to handle issues related to the Act, and establishes the patent examinations board to assess and qualify them. The Act provides that a patent may be granted for any new invention involving an inventive step and which is capable of being used in trade, industry or agriculture. It goes further to add that a patent will not be granted for any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a micro-biological process or the product of such a process. The Act allows for international applications for patents under the Patent Cooperation Treaty, and deems such applications as applications lodged in the terms of this Act. Once a patent is granted, it has a duration of 20 years from the date of application. The Act provides for the procedure for renewal of a lapsed patent.

Full text
English
Website
www.gov.za

References - Legislation

Amended by

Patents Amendment Act, no. 20 of 2005.

Legislation | South Africa | 2005

Keyword: Biological control agents, Genetic resources, Offences/penalties, Traditional knowledge/indigenous knowledge

Source: FAO, FAOLEX