Patent Filing Services in South Africa
Country :- South Africa | Captal:-Cape Town, Pretoria, Bloemfontein
Types of Major IP Rights
Patent Office
The DTIC Campus, Entfutfukweni, Block F, 77 Meintjies Street, Sunnyside, PRETORIA.
Trademark Office
The DTIC Campus, Entfutfukweni, Block F, 77 Meintjies Street, Sunnyside, PRETORIA.
Fact Sheet - PCT National Phase South Africa
Filing Deadline
Filing Extension Available
Filing Language
Translation Deadline
Translation Extension Available
Excess Claim Fee
Form Requirement
Request For Examination
31 Months
Yes, 3 Months
English
Upon Filing
Yes, within 3 months from the national phase entry
No
POA,Form P3,Form P26
Not applicable in this jurisdiction

Country :- South Africa | Captal:-Cape Town, Pretoria, Bloemfontein

Patent Office
The DTIC Campus, Entfutfukweni, Block F, 77 Meintjies Street, Sunnyside, PRETORIA.
Trademark Office
The DTIC Campus, Entfutfukweni, Block F, 77 Meintjies Street, Sunnyside, PRETORIA.
Types of Major IP Rights
(i) provisional patent; (ii) PCT / international patent; and (iii) complete / national phase patent
Fact Sheet - PCT National Phase South Africa
Filing Deadline
Filing Extension Available
Filing Language
Translation Deadline
Translation Extension Available
Excess Claim Fee
Form Requirement
Request For Examination
31 Months
Yes, 3 Months
English
Upon Filing
Yes, within 3 months from the national phase entry
No
POA,Form P3,Form P26
Not applicable in this jurisdiction
Fees for Patent Activities in South Africa
Filing Charges
Preparation and filing of a patent application (direct or NON-CONVENTION APPLICATIONS national phase via PCT), including normal disbursements $43 $1,500 $1,543 1. Name & physical address of applicant. and prosecution to acceptance
Classification according to the International Patent 3. Specification and claims in the language of any Paris Convention country Classification (IPC)
Official Fee
43
-
Professional Fee
1500
210
Prosecution
Filing of supporting documents subsequent to filing of application
Requesting extension of time for filing supporting documents
Receiving, reporting and responding to a formalities Before filing objection
Official Fee
4
2
-
Service Fee
240
150
200

* All the fees mentioned here is in US Dollars

Acceptance And Grant
Delaying or expediting acceptance of an application
Extending acceptance deadline (1st 3 months)
Extending acceptance deadline (beyond 3 months)
V Arranging advertisement of acceptance, checking and dispatching the patent certificate
Official Fee
4
11
11
-
Service fee
180
270
270
270
Renewal Charges
3rd, 4th,5th year
6th , 7th
8th , 9th
10th , 11th
12th ,13th
14th , 15th
16th ,17th
17th , 18th
Official Fee
10
7
8
9
11
12
13
15
Service fee
210
210
210
210
210
210
210
210

* These fees are subject to change as per the discretion of the patent offices. Get in touch with us to know the exact fee.

TESTIMONIALS
Have more questions?
FAQs
Q1. Term required for filing a patent application in South Africa?
The term of a South African patent is 20 years from the date of filing, in the case of ordinary patent applications, or from the international filing date in the case of national phase applications, subject to the payment of annual renewal fees from the third year following filing.
Q2. What is the Duration of Patents in south Africa?
A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year from the date of filing in South Africa. It is important to pay an annual renewal fee to keep it in force. The patent expires after 20 years from the date of application.
Q3.What are the Filing requirements in South Africa?
  • Name(s) and address(es) of applicant(s).
  • Name(s) and address(es) of inventor(s).
  • Specification and claims in the language of any Paris Convention country together with any drawings.
  • Number date and country of the basic application if Paris Convention priority is to be claimed.
Q4. How to examine a South adrican patent application?
South Africa is a non-examining country โ€“ there is no Patent Examination in South Africa. Effectively, this means that an eventual South African complete patent application will result in a patent being granted without a check to see if these requirements are met.ย  Such a granted South African patent will be valid until proven otherwise and may be subject to revocation based on a third partyโ€™s objection against its novelty and/or inventiveness. It is important to note that aย provisional patent applicationย will not provide you with an enforceable right โ€“ it is merely a device which allows you to test the market without destroying the novelty of you invention.ย You only obtain an enforceable right once you have filed a complete patent application for the final form of your invention and it has been granted by the Patent Office.ย Furthermore, It is important to note that patents are territorial rights โ€“ one cannot enforce a granted South African patent in countries other than South Africa. Read more about Patents inย Africa.

International Patent Examination

There is no such thing as a worldwide patent, which means that the provisional patent application must, within 12 months of filing the provisional application, be followed by the filing of either (1) patent applications in each country in which you require protection, or (2) a PCT application followed by the filing of patent applications in each country in which you require protection. Such patent applications will claim priority from the South African provisional application.ย Keep in mind that many countries, including theย PCTย system, will examine the novelty and inventiveness of the inventionย and grant of a patent in such countries will be subject to the inventionโ€™s passing of the examination. It is also important to consider in which geographic areas a company/product will be rolled out as it may be necessary to register domain names in these countries. For example, if the nursery wanted to open an office in the UK, that would be a good reason to register the domain โ€œplants.ukโ€. Thinking about future expansion and/or competition is necessary in order to protect domain names before they are taken by someone else.
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