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

Unavailable

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.

Latest news

ANNOUNCEMENT

Tripartite Free Trade Area (TFTA) Agreement

On July 7th of 2017, the South African Minister of Trade and Industry, signed the Tripartite Free Trade Area (TFTA), in Uganda, turning South Africa the 19th country to sign the agreement.  This agreement is currently being negotiated by 26 countries, combining a population of 625 million people and a GDP of $1.6 trillion. These countries already belong to the trading blocs of the Southern African Development Community (SADC), the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC).The following countries are set to be included in TFTA: Angola, Botswana, Burundi, Comoros, Djibouti, Democratic Republic of Congo, Egypt, Eritrea, Ethiopia, Kenya, Lesotho, Libya, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The TFTA main goal is to reduce the tariffs on the goods traded between these countries.

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