The South African Lag in Becoming a Knowledge Economy

Intellectual property (IP) generally refers to the “creations of the mind”, while IP rights usually refer to an individual’s rights to market such creations.  While South Africa recently celebrated Intellectual Property Awareness Day, the country’s patent filing activity has remained stagnant for the past decade.  In fact, a 2007 study by the Innovation Fund found that at least 50% of all patent applications filed in South Africa are filed by foreign applicants.

The problem may lie in a lack of education among South African entrepreneurs about the need for patent protection.  In the case of new and innovative ideas with commercial applications, patents are used to protect the inventors’ rights and prevent others from marketing their ideas.   Inventors don’t need to have a patent before marketing their invention, but the patent can keep competitors at bay.  They can also be an important negotiating tool for negotiating rights with third parties who have similar patents or complementary assets.

Patent translation plays an important role for South Africans who are looking to patent their inventions globally, as well as foreign companies looking for a South African patent.  It is important to choose the right patent translation service before attempting to secure a South African patent, even if the patent will be filed in English.  In addition, most patent specialists, including attorneys, patent search specialists and patent translation providers, work in a few very specific industries.  Before hiring a patent translation service or other professional, be sure they are familiar with your industry.

For any entrepreneur wishing to take an invention global, it is important to note that while there are no world patents, there is an international patent application as part of the Patent Cooperation Treaty.  These applications are administered by the World Intellectual Property Organization, but all patents are bound by their territories and require the appropriate language and patent translation to be considered in the final patent approval process.

If South African companies are to become a knowledge economy, and become more competitive on a global scale, they must recognize the importance of protecting their inventions.