how to become a patent lawyer in south africa

What subjects do you need to become a patent attorney?

Below is How to Become A Patent Attorney South Africa. Complete a technical or scientific degree or diploma or equivalent alternative qualification. Obtain a law degree (LLB) from a …

How long does it take to become a lawyer in South Africa?

Jan 01, 2016 · The Patent Attorneys qualification is a statutory qualification under control of the Patent Examination Board. An Attorney who has this qualification is entitled to register and …

How long does it take to become a patent attorney?

Jan 20, 2022 · to become a patent attorney, you will require: 1. a technical or scientific diploma or degree from a university or technikon, involving at least a three-year course of study; or 2. any …

How much does a patent attorney earn in South Africa?

certified by a university in South Africa and the person has completed a supplementary examination (if required). The third exception is if the applicant has completed a degree, which …

How much does a patent lawyer make in South Africa?

Where can I study patent law in South Africa?

What qualifications do you need to become a patent attorney?

How long does it take to qualify as a patent attorney?

What lawyers get paid the most?

Is patent attorney a lawyer?

Are patent attorneys competitive?

Is being a patent attorney stressful?

What do patent attorneys study?

Are patent attorney exams hard?

How much does a patent cost?

How do you become a registered patent agent?

What is patent attorney?

The Patent Attorneys qualification is a statutory qualification under control of the Patent Examination Board. An Attorney who has this qualification is entitled to register and practice as a Patent Attorney and to Fellowship of the South African Institute of Intellectual Law. Lectures for the Patent Attorneys qualification is presented by members of the SAIIPL during the first semester of each year. The following persons are entitled to attend such lectures:

How long does it take to get a patent law internship?

It is strongly recommended that each candidate serve an internship of between three to six months at a patent law firm or a period of three to six months at the Companies and Intellectual Property Registration Office (CIPRO).

What is a patent candidate?

A candidate in possession of any technical or scientific qualification, which in the opinion of the Board, is sufficient to enable the candidate to meet the requirements of the patent examinations; or any candidate who has adequate practical experience in a technical or scientific field, which in the opinion of the Board, ...

How to become a patent attorney in Australia?

To become a patent attorney in most countries, including Australia, you must first obtain a technical undergraduate degree in a field of engineering or science. Then, you need to obtain relevant qualifications and experience in intellectual property law.

What is a patent attorney?

Patent attorneys are intellectual property attorneys who are responsible for writing and filing patent applications. It is also their duty to protect the rights of their clients, the inventors and their patents, before organisations such as Patent and Trademark Offices (PTO).

What are the responsibilities of a patent attorney?

The responsibilities of a patent attorney are to: Write detailed technical / engineering / scientific descriptions of inventions using very exact language in the proper formats. Write patent claims to define the legal scope and variations of the monopoly conferred by the patent when it is granted.

How many cases are in a patent portfolio?

Workload management skills, as patent attorneys are normally managing a portfolio of several hundred cases at any given point in time.

How many levels of patent examination are there in the UK?

Pass examinations set by the UK Patent Examination Board. There are two levels of examination – you must pass the foundation level exams before progressing to the final exams the following year.

How long does it take to become a patent agent in Canada?

To become a registered patent agent in Canada you will need to: Complete a series of four qualifying exams in a span of four days. Before you can register for the examination you must have at least 24 months’ practical experience in the area of patent law and practice, with at least 12 of those months worked in Canada.

How long does a patent last?

The typical term for the monopoly granted by a patent is 20 years from the original filing date of a patent application.

What is Section 17 of the Attorneys Act?

Section 17 of the Attorneys Act provides for the designation of countries for the purpose of cross-border practicing, in particular as far as categories of persons are concerned. Practitioners who obtain practicing rights in South Africa in terms of section 17, only remain so entitled while they practice in their own countries. They are not permitted to open a practice in South Africa. In other words, permanent residence is not permitted in terms of the Act. Section 17 of the Act states that any person admitted and enrolled as a solicitor or an attorney of the supreme or high court of any country or territory approved for the purposes of this section by a regulation (currently the former ‘TBVC states and Lesotho), may obtain practising rights in South Africa.

What is the role of a state attorney?

The State Attorney acts on behalf of the State in legal matters that cover a wide spectrum of the law, in the most cost-effective manner possible. The State Attorney’s functions are governed by the State Attorney’s Act8 and Treasury Instructions.

What is the role of the public prosecutor?

It is the duty of the Public Prosecutor to conduct the State's case against the accused and he is responsible for putting evidence before the court to prove the alleged crime in all its elements beyond reasonable doubt. This is done by questioning witnesses, handing in exhibits and cross-examining witnesses for the defence.

Do law societies have jurisdiction?

It is important to note that the law societies do not have any jurisdiction or authority to evaluate academic qualifications and also do not have a discretion to waive or grant exemptions in respect of the admission requirements as prescribed by the Attorneys Act. There are, however, certain statutory exemptions and concessions in respect of persons partly or fully qualified as legal practitioners in other countries.

Is there reciprocal practice in South Africa?

It needs to be mentioned that, subject to the information referred to above under 4.1, there are no other reciprocal practicing rights or recognition of qualifications for the purpose of the admission of persons as attorneys in South Africa as would for instance be the case in respect of countries such as England, the United States and Australia etc. There should still be compliance with all the usual requirements for admission as an attorney in South Africa. The first step to be taken by a person under these circumstances to qualify, would be to approach a South African University which will determine the circumstances under which such a University would confer a South African law degree on the applicant.

What is a patent?

A patent is an exclusive right granted for an invention. Such an invention must be a product or a process that provides a new way ...

What is patent in science?

A patent is an exclusive right granted for an invention. Such an invention must be a product or a process that provides a new way of doing something, or that offers a new technical solution to a problem.

How long can someone use your invention without your permission?

Patent protection means that someone else cannot commercially make, use, distribute or sell your invention without your permission for a limited period of 20 years. Find out more about patents from the Companies and Intellectual Property Commission (CIPC) (link is external) or contact CIPC on 086 100 2472. Facebook.

What degree do you need to be a patent attorney in India?

According to this judgement, Advocates having degree in Engineering and Science are "Registered Patent Attorney" in India.

What is a patent attorney?

patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different ...

How long is the Canadian patent exam?

Each of the four exams (also referred to individually as Paper A, B, C, and D) is four hours in length. Paper A relates to the drafting of a patent application. Paper B relates to the validity of a patent. Paper C relates to the preparation of a response to an Official Action. Paper D relates to the infringement of a patent. Unlike the US system, the Canadian examination format is paper based with a variety of essay-type and short answer questions and is offered at least once a year, typically in April. Results are typically known within 5 months.

What is a patent agent in India?

In India, a person registered to practice before Indian Patent Office is called a "Registered Patent Agent" or simply "Patent agent". The Indian Patent Law specifically does not mention the designation of "Patent Attorney".

How to become a trans-Tasman patent attorney?

To apply to become an Trans-Tasman patent attorney, one must: pass the nine topics set out in Schedule 5 to the Patent Regulations 1991. hold a suitable tertiary educational qualification in a field of technology that contains potentially patentable subject matter. be a resident in Australia or New Zealand.

Why are there no patents in Hong Kong?

The main reason is because Hong Kong does not have a standard patent (20 years) original grant system. Currently Hong Kong recognizes standard patents or patents for invention registered and granted in the People's Republic of China, European Patent Office (designated UK), or United Kingdom. These patents can be re-registered in Hong Kong without examination within a prescribed period. On October 4, 2011, the Hong Kong SAR Government published a Consultation Paper on Review of the Patent System in Hong Kong.

How long do you have to work as a patent agent in the EU?

Employment for at least 3 years in the office of a registered patent agent in an EU member state

Why is IP law important in South Africa?

IP law is taken seriously in South Africa and across the world due to its power in protecting intangible intellectual property which can hold immense value. It is crucial for intellectual property to be protected legally in order to restrict the usage of what is rightfully that of the inventor or creator. The other main purpose of IP law, and the ...

What is IP in South Africa?

In South Africa, intellectual property (IP) law encompasses all legislation which concerns patents, designs, trademarks and copyright protection. Intellectual property refers to assets which are intangible, making them easily susceptible to exploitation by third parties, which were created through human intellect.

What is copyright in art?

Copyright – Copyrights protect your expression of ideas, this is generally considered to be artistic works which include, but are not necessarily limited to: Cinematograph films, and more. Copyright exists automatically upon creation of the work if it is in the class of work recognised by the Copyright Act.

What can an IP lawyer do?

IP lawyers can advise you on the process of acquiring a trade mark and how to go about registering your marks or devices. Patents – A patent provides inventors with the right to exclude others from making, using, or commercialising the patented invention for the allocated term.

What is a trade mark?

Trade Marks – A trade mark is a device, name, signature, letter, shape, pattern or configuration, among others, which is used to identify goods or services. Once a trade mark is successfully registered, the use of identical or similar marks in relation to similar goods or services would be an infringement.

What is the purpose of IP law?

The other main purpose of IP law, and the mission of IP law firms operating across Africa, is to encourage the creation of intellectual goods. By giving people and businesses property rights to what they create, the desire to innovate is stimulated through economic incentives due to the fact that they have the right to profit exclusively ...

Do you have to register your work for copyright?

Copyright exists automatically upon creation of the work if it is in the class of work recognised by the Copyright Act. Your work therefore does not have to be registered for copyright, unless it is a film whereby a copyright lawyer can help you register.

What do patent attorneys need?

Patent attorneys also need commercial skills like business development and client care. The majority of patent attorneys work in private practices.

What are the qualities of a patent attorney?

4. Commercial awareness. 5. Aptitude for language. There’s no patent for the perfect patent attorney (yes, it would never be approved), but there are certain qualities that most patent attorneys have: 1. An undergraduate degree in a hard science or engineering subject.

What is the passion for law?

Passion for law. It’s not all about the science and technical stuff; patent attorneys are part of the legal industry and are specialists in intellectual property law. Thus, a passion and aptitude for law is pretty crucial.

Do you have to be a genius to become a patent attorney?

You don’t have to be a genius, but academic qualifications are valued. You may have to get your head round some extremely complex and technical patents in your working life. Around 60% of patent attorney trainees have a postgraduate qualification and around half of these have a PhD.

Is a patent attorney a national?

Why? Well, patents aren’t just national anymore. Most patent attorneys qualify as a European patent attorney. And don't worry about brexit affecting the status of patent attorneys - the Chartered Institute of Patent Attorneys have confirmed that this will not be the case.