Results 1 to 9 of 9

Thread: rights to a machine patent

  1. #1
    Full Member andrecv's Avatar
    Join Date
    Jun 2012
    Location
    Pretoria
    Posts
    42
    Thanks
    9
    Thanked 3 Times in 3 Posts

    Question rights to a machine patent

    Hi you all,

    Guys and girls now i need your exclusive guidance pls: My dad worked for +/- 23 years in the mining industry as a locomotive engineer, and recently a former colleague of his told me we as the beneficiaries of my dad are sitting on a very huge unclaimed gold mine because my dad BUILT a machine in the gold mines outside Klerksdorp (Stilfontein). I asked my elder sisters about it and they concurred that my dad had about 7 pages of plans that he drew (plans) but these valuable docs were destroyed 'obviously'...I in turn started asking his other colleagues who is kicking the coffin one by one and 3 who eversince passed on confirmed this by giving me the location, name and purpose of said machine and that my dad was the only one who operated and did maintainance on it. Since those days 'early 1980' until recently the mines are still using the same machines just technologically more advanced. I went to the patent offices in Pretoria and dug up a couple of inventions of this type of machine but not in my dad's name. His former supervisor then told me that in those days people of colour were not allowed to claim let alone put their names on patents...he also confirmed that the 'boss' wonder who he is, put his name on the patent and the mine kept the documentation. He is willing to testify this story in court...
    Fellow members and non members help and please don't tell me i must go to a TRC hearing...thanks

  2. #2
    Diamond Member
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    6,329
    Thanks
    426
    Thanked 978 Times in 795 Posts
    You are wasting your time.

  3. #3
    Diamond Member Justloadit's Avatar
    Join Date
    Nov 2010
    Location
    Johannesburg
    Posts
    3,480
    Thanks
    134
    Thanked 695 Times in 593 Posts
    Blog Entries
    1
    Anyway, any patent has a lifespan of 16 years, then it becomes public property.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

  4. #4
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,923
    Thanks
    576
    Thanked 934 Times in 755 Posts
    I think that given it was 30 years ago and there's little in the way of solid evidence or first hand witnesses you're not going to be able to compile a convincing case. Also if your father was an employee of the mine then anything he created or built using company time and materials would ligitimately belong to the company as he was being paid by them for his services.

    If I were you I would gather as much evidence as possible and maybe approach the law faculty at your local university and request some pro-bono advice. I wish you luck but I would advise you don't throw all you valuable time or money at this, it sounds ike too much of a long shot.
    _______________________________________________

    _______________________________________________

  5. Thanks given for this post:

    Dave A (21-Jul-12)

  6. #5
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Quote Originally Posted by AndyD View Post
    Also if your father was an employee of the mine then anything he created or built using company time and materials would ligitimately belong to the company as he was being paid by them for his services.
    That's probably the legal hurdle that spikes your "gold mine", I'm afraid.

    However, it makes a great story and pursuing it could get you on an ANC candidate list somewhere - and nowadays that's probably a bigger "gold mine" than winning the patent rights royalties.

  7. #6
    Full Member andrecv's Avatar
    Join Date
    Jun 2012
    Location
    Pretoria
    Posts
    42
    Thanks
    9
    Thanked 3 Times in 3 Posts
    AndyD...thank you for the advice....

  8. #7
    Full Member andrecv's Avatar
    Join Date
    Jun 2012
    Location
    Pretoria
    Posts
    42
    Thanks
    9
    Thanked 3 Times in 3 Posts
    Come on Dave... I've already put both our names there...LOL...
    Thanks !

  9. Thanks given for this post:

    Dave A (21-Jul-12)

  10. #8
    Diamond Member Blurock's Avatar
    Join Date
    May 2010
    Location
    Durban
    Posts
    4,151
    Thanks
    758
    Thanked 886 Times in 735 Posts
    Blog Entries
    7
    If this "patent" was designed during the apartheid years when we had sanctions against us, the "patent" may well have been copied or adapted from something not available locally due to sanctions.
    Excellence is not a skill; its an attitude...

  11. #9
    Full Member andrecv's Avatar
    Join Date
    Jun 2012
    Location
    Pretoria
    Posts
    42
    Thanks
    9
    Thanked 3 Times in 3 Posts
    Blurock...thank you...very interesting...!!!

Similar Threads

  1. Patent attorneys in Durban/Pinetown region
    By desA in forum General Business Forum
    Replies: 3
    Last Post: 04-Jul-16, 01:29 PM
  2. Patent sale
    By duncan drennan in forum General Business Forum
    Replies: 29
    Last Post: 04-Nov-14, 06:57 PM
  3. [Question] Great patent attorney
    By duncan drennan in forum General Business Forum
    Replies: 7
    Last Post: 22-Jan-12, 11:59 AM
  4. [Question] Patent validity
    By Mox in forum General Business Forum
    Replies: 7
    Last Post: 22-Jan-12, 11:50 AM
  5. south african patent search
    By duncan drennan in forum General Business Forum
    Replies: 7
    Last Post: 22-Jan-12, 11:44 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •