Can software be patented?

Under Section 25(2) of the Patent Act, a computer program alone is not considered patentable, as such protection typically falls under copyright law. However, it is possible to seek patent protection for a software application when it is combined with the underlying hardware components, such as a mobile phone or PC, on which the software operates.

Securing a patent is a crucial step for any innovator wishing to protect their invention. But what does the process actually entail? Here’s a straightforward overview tailored for those considering patent protection in South Africa.

What Makes an Invention Patentable?

To be eligible for a patent, an invention must meet two key criteria: it must be new and inventive. 

Novelty: The invention should not be publicly known anywhere in the world before the patent application is filed. 

Inventiveness: It must not be obvious to someone skilled in the relevant field, considering existing knowledge (or prior art).

A patentability search can help determine whether an invention meets these requirements. While not mandatory and never entirely conclusive, such a search can provide valuable insights into the potential patentability of your invention.