Form of assignment of invention accepted by the Registrar for patent applications

FORM OF ASSIGNMENT OF INVENTION ACCEPTED BY THE REGISTRAR FOR PATENT APPLICATIONS, (Notice in Patent Journal of May 2008)

The South Africa Registrar of Patents now accepts simple (uncertified) copies of Assignment of Invention documents as sufficient proof of title.

Introduction

In terms of the Patents Act 57 of 1978 (the Act), an Applicant for a patent, where the Applicant is other than the inventor or is joining in an application, is required to furnish proof, in the prescribed manner, of the Applicant’s title or authority to apply for a patent.  The Regulations provide that such proof may be in the form of assignment, or other proof, to the satisfaction of the Registrar, who has a discretion in regard to what will constitute sufficient proof of the right of the Applicant to apply.

Customarily, aside from accepting original, executed assignment documents, the Registrar accepts a copy of an original, previously executed assignment document provided the assignment at least implicitly includes South Africa, and provided it is certified as a true copy, or is a certified copy issued by the Patent Office of another country.

Objective of the Notice of May 2008.

The notice seeks to dispense with the necessity to provide certified copies of original assignment documents. Proof of title may now take the form of simple (uncertified) copies of assignment documents, in addition to the previously accepted proof.

Attention is drawn to section 28(1), of the Act which provides for the resolution of a dispute arising between persons as to the right to or title in a patent, by the Commissioner, who will decide the matter in dispute. This section is unchanged.

Conclusion

We are delighted with the change, as experience has taught us that delays in the processing of patent applications are frequently occasioned by attempts to obtain assignment documents. We are already making use of the facility and look forward to a seamless process.

Janice Galvad
Patent Attorney
janice-g@adamsadams.co.za