MyPatent.co.za

Do

 

• Ensure that intellectual property developed by contractors are assigned to you in writing (although you are automatically considered the author of designs “commissioned” by you)

• File your design application before disclosing it to the public, or at the latest within 6 months following disclosure
• File foreign applications within 6 months of filing the first design application / making the first disclosure (the earlier of)
• Ensure that your design specification includes proper drawings (without dimensions)

• When considering your design filing strategy, consider the acts that you wish to prevent people from performing – making, using, disposing (including offering to dispose), exercising (a method) and importing – focus on territories where the protected product can be made or imported/used

• Mark your product with your design registration number. This will enable you to claim damages for infringement

• Consider tax and exchange control issues when assigning designs

• Claim related R&D (s11D) tax incentives for the development of functional designs (calculated at 150% of R&D salary and consumables cost)
• File your design in all relevant classes
• File articles that are normally sold together as a “set of articles” (single application)

 

Don’t

 

• File your design in the name of a foreign entity without first obtaining exchange control approval

• Grant an exclusive licence without appropriate escape clauses or minimum royalty provisions
• File functional design applications for spare parts

 

Maybe

 

• “Disclaim” ancillary features relating to portions that are capable of being manufactured separately (i.e. handle on a hammer) by drawing these portions in dotted lines
• Highlight features of the design by discussing them in the Explanatory Statement

 

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