South Africa’s expedited authorization process will change from April 11, 2023

South Africa’s expedited authorization process will change from April 11, 2023

During the patent application process in South Africa, the applicant can choose to submit a request for accelerated authorization at the same time as the new application is submitted, and the patent authorization can be obtained within 3-4 months from the application date to achieve the purpose of obtaining a patent certificate faster. However, starting from April 11, 2023, CIPC has modified the relevant regulations on accelerated examination requests.

In short, CIPC stipulates in the administrative measures for the implementation of accelerated grant requests that the accelerated grant request needs to be within the first 12 months of the PCT application entering the national phase, or the Paris Convention patent application within 18 months from the date of filing. Submit evidence of expedited authorization request.

The evidence for expedited authorization request must include one of the following supporting documents:

• For a patent application that enters the South African national phase under the PCT international application, the corresponding written opinion of the International Searching Authority or a copy of the international preliminary report on patentability should be submitted, in which at least one claim in the PCT application is considered to be novel and inventive; or
• In the examination of the overseas patent application of the same family, the Patent Office considers that at least one claim is novel and inventive, and is required to provide a copy of the search report and/or examination report of the overseas patent application of the same family; or
• There is an affidavit signed by at least one applicant stating the reasons for the need for accelerated grant of the patent application, and the affidavit has been certified in accordance with the Uniform Rules of Court.