Convention Establishing the World Intellectual Property Organization (“WIPO”);
World Trade Organisation (“WTO) / Agreement concerning the Trade-Related Aspects of Intellectual Property (“TRIPS”);
Budapest Treaty; and
Types of Patents
Patents of invention;
Patents of addition; and
Absolute novelty applies.
Grace Period/Prior knowledge
Unauthorised disclosure of an invention by another party prior to the filing date of a patent application can be excused, provided the applicant files the application with reasonable diligence after learning of the disclosure.
Disclosure or knowledge of the invention prior to the filing date, as a result of the invention being worked in South Africa by way of reasonable technical trial or experiment by the applicant, can also be excused.