South Africa 

Paths to protection

Ways to protect your invention

Patents are a way of protecting your inventions. By filing a successful patent you will be awarded a monopoly to exploit your invention for a period of time.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If this is not enough for your needs, this country has signed international agreements on patents, which facilitate their internationalization:

PCT (Patent Cooperation Treaty)

The PCT system allows simplified international patent applications which in turn eases national filings.

Additional Information

Discuss your Intellectual Property Protection strategy with us

If you need to protect your Intellectual Property abroad, through our Global Network of offices and associates, we can make your Intellectual Property assets expand to every nation you desire, ensuring full legal protection of your rights.

If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.

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South Africa

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Available

Body responsible for non-use cancellations

Court

Time until registration

2 years

Opposition Period

Special Case

Contact us for more info.

Use Requirement Period

3 years

National Filing Requirements

  •  Legalized copy of the priority document (if applicable).
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Certificate of Incorporation.
  •  Certificate of Incorporation.
  •  License agreement.

Remarks: On the expiry of a period of three years following the grant of the patent, or four years following the application for the patent, whichever is the longer, the competent national office may grant a compulsory license on the ground of non-use. 3rd parties may to apply for revocation of a patent at any time post grant.

PCT Filing

  •  Deed of assignment, simply signed (if applicable).
  •  Declaration and Power of attorney (form P.3).
  •  Power of attorney, simply signed.
  •  Certificate of Incorporation.
  •  Certificate of Incorporation.
  •  Power of attorney from the licensee, simply signed.

Remarks: On the expiry of a period of three years following the grant of the patent, or four years following the application for the patent, whichever is the longer, the competent national office may grant a compulsory license on the ground of non-use. 3rd parties may to apply for revocation of a patent at any time post grant.

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