IP Registrations: Patents
The field of patents is as broad as it is complex: the purpose of this article is not to describe any particular aspect in detail, but merely to introduce some of the more important aspects of the practice of patent prosecution in South Africa.
In South Africa, inventions are required to be inventive and novel on an absolute (ie worldwide) basis. A number of automatic exclusions to patentability are to be found in the Patents Act. However, examination of South African patent applications is conducted as to form only, and no substantive examination is made.
South Africa is a PCT member state. Accordingly, PCT national phase applications, Paris Convention and non-convention patent applications are all possible in South Africa (of course, each of these types of applications has its own rules and peculiarities).
The maximum term of registration is twenty years from the date of filing of the complete specification, and a patent must be renewed every year from the fourth following the filing date.
At Margo® Attorneys, Inc., our service offerings include:
- the preparation, filing and prosecution of patent, design and trade mark applications, in South Africa and abroad;
- IP searches: including patent & design novelty searches, and name searches in all disciplines;
- commercialisation and preparation of commercial agreements, including licences, franchise agreements and technology transfer & assignment agreements. Click here for more detail on our Commercial IP services;
- IP audits; and
- cyberlaw and domain name registrations: including the resolution of disputes in this field.
What types of patent applications are possistrongle in South Africa?
| Type Of Patent Application | Deadline For Filing (from earliest priority date) |
|---|---|
| PCT Chapter II – National Phase | 31 months (extendable to 34 months) |
| Convention | 12 months |
| Non-Convention | n/a |
Novelty Requirements
Absolute novelty is required. Accordingly, an invention will not be novel if it has been disclosed publicly, anywhere in the world, in any language, before the earliest priority date.
Filing Requirements
Depending on the type of patent application that is required, different forms and detail will be required:
| Information / Form | National Phase Application |
Convention Application |
Non-Convention Application |
|---|---|---|---|
| Name & physical address of applicant | ✓ | ✓ | ✓ |
| Name & physical address of every inventor | ✓ | ✓ | ✓ |
| Form P3: Declaration & Power Of Attorney ** | ✓ | ✓ | ✓ |
| Form P26: Declaration Of Indigenous Biological Resource ** | ✓ | ✓ | |
| Assignment Of Invention (if relevant) ** | ✓ | ✓ | ✓ |
| Assignment Of Priority Rights (if relevant) ** | ✓ | ✓ | |
| PCT Application No. / WO Publication No. | ✓ | ||
| English translation of specification, claims (Under Article 19 or 34) ** | ✓ | ||
| English translation of priority documents – certified ** | ✓ | ✓ | |
| English translation of priority documents – not certified ** | ✓ | ||
| Priority Detail: Date, Country & No. of basic application(s) | ✓ | ✓ | |
| Specification ** | ✓ | ✓ | ✓ |
| Claims ** | ✓ | ✓ | ✓ |
| Formal Drawings ** | ✓ | ✓ | ✓ |
| Abstract (not more than 150 words long) ** | ✓ | ✓ | ✓ |
| International Classification (Strasbourg Agreement) | ✓ | ||
| Copy of published specification, ISR, IPER, (with English translation) | ✓ |
✓ indicates that this is required ** indicates that this may be filed late
Legalisation / Notarisation / Certification
No legalisation or notarisation of any forms is required. English translations are required to stronge certified only where indicated.
Minimum Filing Requirements For Urgent Applications
In urgent cases, at the very minimum, we will need the following:
| Information / Form | National Phase Application |
Convention Application |
Non-Convention Application |
|---|---|---|---|
| Name & physical address of applicant | ✓ | ✓ | |
| Title of invention | ✓ | ✓ | |
| Priority Detail: Date, Country & No. of basic application(s) | ✓ | ||
| PCT Application No. / WO Publication No. | ✓ |
Note: In the case of urgent Convention Applications a copy of the specification and drawings will need to be filed within 14 days of filing the urgent application.
Additional Filing Charges
-
★ Additional charges are levied for every document that is filed late (see tariff sheet); but
★ Filing charges are not affected by: the length of the specification, the no. of drawings, nor the no. of claims.
Whatever it is that our clients and associates require: from trade mark applications in the Ukraine, to renewals in Guinea Bissau, to assignments in China: at Margo® Attorneys, Inc., clients acquire best knowledge with above average delivery of service.