South African Patent System - Patentable Invention

Patentable Invention

Section 25 of the South African Patent Act, Act 57 of 1978, specifies that a patentable invention includes new inventions in the fields of trade and industry or agriculture. However, this act excludes: new discoveries; new scientific theories; new mathematical methods; new schemes, rules or methods for performing mental acts, playing games or doing business; new computer programs; and presentation of information. Even if an inventor’s product or process falls within the scope of the excluded categories, patent attorneys may be able to draft the patent specification in such a manner that the invention gets legal protection.

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