FREQUENTLY ASKED QUESTIONS ON PATENTS IN SOUTH AFRICA

Q 1. Can Convention applications be filed on an urgent basis?
Yes, and for these urgent applications only the following information is required:

1. Full names and address of applicant.
2. Full names and address of each inventor.
3. Title.
4. Priority: Number; Date; Country.

The specification, claims and drawings then have to be filed within 14 days from
the date of filing of the application.

This means that the required information could be telefaxed or e-mailed through
to us and the application then can be filed immediately.

Q 2. What details and documents are required for filing a patent application in South Africa?
The following details are required:

1. Full names and address of each inventor.
2. Full name, and address of the applicant. In the case of a body corporate the business or registered office address is required.
3. Details of the priority: country, number, date.
4. International classification. If this is not available, we could classify the application as                     required.

The following documents have to be filed:

1. A Declaration + Power of Attorney (P3). This is to be signed by the applicant or duly authorized representative of the applicant.
2. An Assignment: This is to be signed by each inventor.
3. Specification and claims: in English.
4. Formal drawings.
5. Abstract of invention and drawing: The abstract is to include not more than 150 words.
6. Priority document: A certified priority document for each priority claimed. If it is not in English, a certified translation is to be provided.
7. Assignment of Priority Rights: If the applicant of the South African application is not the applicant of the basic application then

Q 3. Are any documents to be notarized or legalized?
No, the Power of Attorney, Assignment or Assignment of Priority Rights merely have to be signed by the persons involved. No notarization or legalization is required.

Q 4. When must all documents be filed?
The due dates for filing the various documents are as follows:

1. Specification in English: Within 3 months if the application was filed with a specification in a language other than English.
2. Priority document and translation: Within 3 months from filing the application.
3. Power of Attorney (P3) and Assignment: Within 6 months from filing.
4. Acceptance due: The acceptance is due within 18 months from filing of a convention application and within 12 months from filing of a PCT national phase application, but extensions are possible.

Q 5. How long does it take before a patent is granted?
If all documents have been filed, then acceptance can be expected within 6 months. Thereafter publication of the acceptance takes place in the Patents Journal and then the Letters Patent Document is issued. The whole procedure from completion of all documents until grant of the patent therefore normally is finalized within 12 months.

Q 6. Are South African patent applications examined?
South African patent applications are only examined regarding formal matters.
No examination for novelty or inventiveness takes place. It is left to the public to
apply for revocation of any granted patent.

Q 7. What are the novelty requirements in terms of the South African Patents Act?
The South African Patents Act requires “absolute novelty” for a patentable invention (Section 25 of the Patents Act).

Q 8. Is there any opposition possible to South African patent applications?
No opposition can be filed against a South African patent application. A South African patent application is granted on publication after acceptance. At any time during the life of a patent an application for revocation of the patent can be filed.

Q 9. Can South African patent specifications be amended?
Yes, South African patent specifications can be amended at any time. However, the scope of the claims may only be extended by way of amendments applied for prior to acceptance of the application.

Q 10. Is it important to amend South African patent specifications and claims to bring them into line with examined corresponding applications in other countries?
Yes, this is extremely important. If during an examination in another country the claims are to be limited or corrected it is essential to check whether or not the same amendments would be necessary in South Africa. If this is not done, then if an application for amendment of a South African patent specification and claims is filed at a later stage, it may not be granted if an undue delay had taken place.

Q 11. What about renewals?
South African Patents are annually renewable from the end of the 3rd year from filing the complete application. In the case of PCT National applications from the end of the 3rd year from filing the PCT International application.

Q 12. What is the cost of a patent application?
Please refer to separate tariff.