A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
A patent provides protection for the owner, which gives him/her the right to exclude others from making, using, exercising, disposing of the invention, offering to dispose, or importing the invention. The protection is granted for a limited period of 20 years.
A patent may be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. These include inventions such as appliances, mechanical devices and so on. However, you may not protect things such as :
- Computer programmes
- Artistic works
- Mathematical methods and other purely mental processes
- Games
- Plans, schemes, display of information
- Business methods
- Biological inventions
- Methods for treatment of humans and animals
Please note that the above mentioned things cannot be patented as such. For example, a computer programme is patentable as part of a technical solution, i.e. when it is used to operate a specific device or machine such as a winder, a crane or parking management.
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.
Checklist for registration of patent:
Click here to register as a customer.
You may also follow a step-by-step guide.
Trade Mark application:
- R590 for each class category
Patent application:
- R60 for provisional patent application
- R590 for complete patent application or PCT national entry application
Design application:
- R240
Copyright application:
- R510
For bank account details, click here.
Use your 6-character long customer code as a reference when making a deposit.
National Patent Search
International Patent Search
Provisional Patent Application (manual)
Complete the following forms:
- P1: “Application for a Patent and Acknowledgement of Receipt” submitted in duplicate for manual filing. Please make sure that you write your CIPC customer code on this form.
- P2: “Register of Patents”, submitted in duplicate
- P3: “Declaration of Power of Attorney”, single copy
- P6: “Provisional Specification”, single copy
A Complete Patent Application must be submitted within 12 months from the date of filing the provisional patent application by the applicant or his agent, or within a further 3 months on application to the Registrar for extension of time filed before the expiration of the 12 months.
Complete Patent Application (manual)
Complete the following forms:
- P1: “Application for a Patent and Acknowledgement of Receipt” submitted in duplicate for manual filing. Please make sure that you write your CIPC customer code on this form.
- P2: “Register of Patents”, submitted in duplicate
- P3: “Declaration of Power of Attorney”, single copy
- P7: Full detailed descriptions, claims, and drawings (if applicable) on A4 pages should be included.
- P8: Publication particulars and abstract; abstract could contain one drawing or chemical formulae if applicable.
- P26: (Power of Attorney) must be completed.
- Patent Cooperation Treaty (PCT) Applications National Phase are regarded as complete applications, but instead of the P1 form, form P25 must be filed. Please note that you have to write your CIPC customer code on the form P25.
Patent Cooperation Treaty International Application
- If an applicant has come up with an invention that he or she wishes to patent in a number of countries, the applicant is advised to utilise the Patent Cooperation Treaty (PCT) prior to actually lodging patent applications in these countries.
- The applicant or patent attorney will complete a “Patent Cooperation Treaty Request Form” (in triplicate), together with the respective specifications, drawings etc.
- The PCT Receiving Office at CIPC processes this application and calculates the costs involved.
- NOTE: Any national or resident of South Africa can file an international application at the Receiving Office in South Africa.
- The PCT system is a patent “filing” system and is not a patent “granting” system. There is no “PCT patent”.
The PCT system provides for:
- An international phase comprising:
- Filing of the international application
- International search
- International publication and
- International preliminary examination (optional)
- A national/regional phase before designated Offices and/or Elected offices.
- The decision on granting patents is taken exclusively by national or regional offices in the national phase.
- Only inventions may be protected via the PCT by applying for patents, utility models and similar titles.
- Design and trade mark protection cannot be obtained via the PCT. There are separate international conventions dealing with these types of industrial property protection (The Hague Agreement and the Madrid Agreement, respectively). SA is not yet a member of these agreements.
