INTELLECTUAL PROPERTY

The basic introduction

PROF K MPOFU
What is Intellectual Property (IP)?

• IP refers to the creations of the mind.

• IP is divided into two categories:
1. Industrial property: includes inventions
(patents), trademarks, industrial designs, etc.
2. Copyright: includes (i) literary works such as
novels, poems and plays, films, etc. and
(ii) artistic works such as drawings, paintings,
architectural designs, etc.
Our focus -> Inventions and Industrial designs
Inventions are protected in Patents
• A patent is an exclusive right granted for an
invention (it offers an exclusive right to
monopoly) for a limited time, normally 20
years.
• An invention is
– a product or
– a process that provides, in general, a new way of
doing something, or offers a new technical
solution to a problem.
 Not all inventions are patentable
• In order to be patentable, the invention must
fulfil certain conditions:
1. Must have some novelty (new characteristic)
2. Must be of practical use
3. Must show an inventive step (cannot be deduced by
a person with average knowledge of the technical
field, i.e. not obvious to them)
4. Its subject matter must be “patentable” under law
The different routes of getting protection
ZA compl pat appl 20 yr, if renewal

South African
ZA prov pat appl 6-10m 2m fees are paid
12m

Patent
prior
art Acceptance Grant (advertisement)
priority date

- absolutely novel
18m prosecution
- inventive
IPRP issued

Foreign Appl via PCT route

- usable
PCT Appl

Search Report Option to file

demand and make
National phase
amendments
patent
applications

Convention Application Route

Separate national
phase patent
applications filed

prosecution
What can be done with protected IP?
• Depends on individual strategies:
1. Commercialisation – making money out of IP
i. Licensing out
ii. Cross-licensing
iii. Partnerships with private sector
iv. Joint ventures
v. Spin-outs

2. In-house product development – using IP in own

products and services
 What is the role of TUT?
TUT like all SA universities is governed by the IPR act
(Intellectual Property Rights from Publicly Funded Research and
Development Act)

• Harvests inventions emanating from staff and

students
• Files the inventions
• Maintains and monitors protection through the life
of the invention (e.g. paying annual renewal fees)
• Commercialisation
• Litigations, etc
 Where do YOU fit in?
• YOU (staff and students) are the inventors!!!
TUT can never have any patents without you.
• YOU need to ensure that your mind creations
are well-protected and if possible
commercialised.
• YOU could potentially contribute to job
creation in South Africa and income
generation for the University.
• Most of all, YOU may get RICH in the proce$$
 IP is business!!!
IP fosters economic growth.
IP is South Africa’s passport to a better
tomorrow.
 Got an innovative idea?
Contact us:
Physically: Building 20, Room 133
Phone: 012 382 5890
Email: Innovation@tut.ac.za
The end