South Africa

In South Africa, software patents are criticised by politicians, granted by the patent office, but have never been examined by a court.

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Patent office practice

South Africa has an unusual "non-examination" system regarding the approval of patent applications.

Microsoft have been granted over 300 patents in South Africa, most of which are for software ideas.

Legislation

Here's the legislation in South Africa on patentable subject matter, from section 25 of the Patent Act, Act 57 of 1978:

25. Patentable inventions

(1) A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture.

(2) Anything which consists of:

(a) a discovery;

(b) a scientific theory;

(c) a mathematical method;

(d) a scheme, rule or method for performing a mental act, playing a game or doing business;

(f) a program for a computer; or

(g) the presentation of information, shall not be an invention for the purposes of this Act.

(3) The provisions of subsection (2) shall prevent, only to the extent to which a patent or an application for a patent relates to that thing as such, anything from being treated as an invention for the purposes of this Act.

External links

• http://www.cipro.gov.za - South Africa's patent office
• Freedom to innovate South Africa (ftisa)
  • ftisa: Why Should I care?
  • ftisa discussion mailing list archives
• Presentation by Dan Ravicher, including info about South Africa
• Wikipedia: South African patent system