South African Patent System - International Inventive Step Requirements

International Inventive Step Requirements

South African criteria for originality of an invention are analogous to those of most of the First World, e.g. Europe, USA, Japan and Australia. However, South Africa's inventive step requirements differ from some of these countries. Consequently, the International Search Report and the International Preliminary Examination Report should be consulted when examining a South African application. This will indicate whether the PCT International Specification as filed and as published should be amended when filing a South African application. Importantly, such a step lessens the possibility that a South African patent, which may be granted on the application, will be deemed invalid on the grounds of lack of inventive step.

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