Novelty
The invention must be novel throughout the entire world. Novelty is destroyed by all matter which has been made available to the public before the priority date (filing date of the patent). Therefore, the inventor can destroy his own invention’s novelty if he publicly discloses it, prior to filing a patent application. Public disclosure includes secret use on a commercial scale in South Africa before the priority date. South African patent protection is still possible where public disclosure can be considered a reasonable technical trial.
Foreign Applications
Patents are territorial in nature. This means that a patent application must be filed in each country/region where protection is sought. There are 2 options when filing a foreign patent application, namely: filing a PCT (Patent Cooperation Treaty) application or a convention application.
Unpatentable Inventions
A discovery; scientific theory; mathematical method; literary, dramatic, musical or artistic work or any other aesthetic creation; a scheme, rule or method for performing a mental act, playing a game or doing business; a program for a computer; or the presentation of information are not patentable. Any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the product of such a process; a method of treatment of the animal or human body by surgery or therapy can not be patented.
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A new invention may be protected by a patent. In order to be patentable, an invention must be novel, inventive and capable of being used or applied in trade, industry or agriculture.