Guide for South African Patent Application Process

Patent Trademark

South Africa Profile

South Africa, officially the Republic of South Africa, sits at the southernmost tip of Africa. It has a coastline of 2,798 kilometers, stretching along the South Atlantic Ocean and the Indian Ocean. South Africa is bordered by Namibia, Botswana and Zimbabwe in the north; Mozambique and Swaziland in the east; LesRead more

South Africa Profile

South Africa, officially the Republic of South Africa, sits at the southernmost tip of Africa. It has a coastline of 2,798 kilometers, stretching along the South Atlantic Ocean and the Indian Ocean. South Africa is bordered by Namibia, Botswana and Zimbabwe in the north; Mozambique and Swaziland in the east; Lesotho, China is included.

South African Intellectual Property Legal System

  • "Patent Law"
  • "Designs Act"
  • "trademark law"
  • Copyright Act
  • The Plant Breeders Bill of Rights

International Organization/Agreement

  • Patent Cooperation Treaty (PCT)
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • "Convention Establishing the World Intellectual Property Organization"
  • Paris Convention for the Protection of Industrial Property
  • Berne Convention for the Protection of Literary and Artistic Works
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Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

South African Companies and Intellectual Property Office

English: Companies and Intellectual Property Commission, abbreviation: CIPC

Website: CIPC | Your business, our focus

South African Invention Patent Search: IPOnline - CIPC Intellectual Property Online

  • The numbering system for patent application numbers in South Africa is straightforward:
    • 【ZA】+【4-digit AD Year】+【5-digit patent application serial number】

Filing Language: English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification

  5. Drawing

     

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Additional documents (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and　Intellectual Property Office of the Republic of English Translation 
  3. Viability Statement of Microorganism and English Translation
  4. Power of Attorney and Statement (P3)
  5. Certified Priority Document and English Translation
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Statement of the Use of Indigenous Biological Resource, Genetic Resource Traditional Knowledge or Use
  9. IPC Classification
  10. Notification issued by CNIPA notify the applicant the application has passed through the security review. 

Additional documents (if any)

  1. WIPO Publication
  2. ISR / IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English Translation 
  6. Viability Statement of Microorganism and English Translation
  7. Power of Attorney and Statement (P3)
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer
  10. Statement of the Use of Indigenous Biological Resource, Genetic Resource Traditional Knowledge or Use
  11. IPC Classification

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

CIPC conducts only formality examination for invention application. The application can be granted after meeting the formal requirements. CIPC will issue an acceptance notice after granted. The applicant may file a request for accelerated examination. The applicant shall publish its patent application electronically in the patent journal within 3 months after receiving the notification (on a monthly basis), and the date of publication shall be the date of grant. A patent certificate is issued 2 months after publication in a journal.

None

2-12 months

  • Grant Fee: None.
  • Annuity: The applicant needs to pay the 1st annuity within 3 years after the filing date. If overdue, the annuity can be paid within a grace period of 6 months after the due date, and the penalty will be the same as the official fee, which must be paid at the same time. Applicants may pay annuity for multiple years at one time.

Yes. Patent Office accepts requests for restoration of the right of priority. For applicable standards and charges, please consult CIPC.

No

No

Name of Patent Office

South African Companies and Intellectual Property Office

English: Companies and Intellectual Property Commission, abbreviation: CIPC

Website: CIPC | Your business, our focus

Design Patent Search in South Africa: IPOnline - CIPC Intellectual Property Online

  • The numbering system for patent application numbers in South Africa is straightforward:
    • 【ZA】+【4-digit AD Year】+【5-digit patent application serial number】

Filing Language: English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description
  3. Definitive Statement/Descriptive Statement

Additional documents (if any):

  1. Power of Attorney and Statement (P3)
  2. Certified Priority Document and its English Translation
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Statement of the Use of Indigenous Biological Resource, Genetic Resource Traditional Knowledge or Use
  6. IPC Classification

  • Aesthetic Exterior Design: 15 years.
  • Practical Exterior Design: 10 years.

via Paris Convention : 6 months from earliest priority date.

CIPC only conducts formality examination for design application.

6 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: The applicant needs to pay the 1st annuity within 3 years from the filing date. The overdue annuity can be paid within a grace period of 6 months after the due date, and the penalty will be the same as the annuity of the year, which must be paid at the same time. Applicants may pay annuity for multiple years at one time.

3-6 months

No

No

No. However, it is possible to apply for the design of a set of products, requiring that each part of the set of products has common features and is sold as a group, or designed to be used in combination.

发明专利、实用新型及外观设计进入国家申请流程
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