South Africa
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Patent office practice
According to anti-swpat group FTISA, the South Africa Patent Office does not examine whether or not claimed inventions are actually in a patentable domain (the criteria of "patentable subject matter").[1] (Detailed confirmation sought...)
In other countries such as Australia, there are two types of patents: as well as normal patents, there are "innovation patents" which are examined only minimally. Is the South Africa system like that?
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
- The presentation of information shall not be 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)
- Presentation by Dan Ravicher, including info about South Africa
