oa Juta's Business Law - Patent delay costs

Volume 16, Issue 1
  • ISSN : 1021-7061



Occasionally, errors in a patent specification go unnoticed and are retained in a granted patent. This can happen in any jurisdiction. In South Africa, however, errors are more likely to remain undetected because the South African patent system is a depository rather than an examining patent system. In other words, the claims of a South African patent specification are not examined for novelty, inventiveness, and utility. By contrast, the specifications of patents filed in examining jurisdictions, such as the United States of America or Europe, undergo a rigorous examination of their content. Errors in the specification are then likely to be uncovered and, where possible, corrected during the examination process prior to grant.

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