What is a patent?
Effectively, a patent is an exclusive right which is granted to an invention. This right means only the person who owns the patent can exploit the invention. As is stated in the Patents Act, 1978, the patent owner can exclude everyone from making, using, exercising, disposing of or importing the invention in question.
Read section 45(1) of the Patents Act 57 of 1978 at:
The person to whom this exclusive right is granted is called the patentee.
The word ‘patent’ has its origin in Latin and means ‘lying open’. This is because, to get a patent, you must describe your technical solution to a particular problem, or explain the working secrets of your new machine, drug, electronic gadget or pesticide — in essence, you must disclose to the public all the technical information about the invention.
Some inventors prefer not to get patents, and rather keep the information secret.
When your patent is registered, you will get an official certificate to this effect, sealed by the Registrar of Patents. We will look at the procedure for registering a patent shortly. Right now, let’s review what is meant by an invention, and when an invention can be patented.