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Patent Filing in South Africa

South Africa is a member of both PCT and Paris Convention. Patent application can be filed in South Africa either by the route of PCT or by filing directly as a conventional application.

Term of patent: 20 years from the date of filing Patent Office: South Africa Patent Office


Paradigm to obtain a patent in South Africa:-
  • Filing of patent application
  • Preliminary examination before publication
  • Publication of the application after 18 months from the filing date or first priority date.
  • Examination can be requested at any time within three years from the date of filing.
  • Compliance with the examiners office action within the given time
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • Annuity fees should be paid by the forth year of the filing of the international application.


Documents required for filing of Patent Application in South Africa

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • Deed of Assignment
  • Declaration of Inventors
  • Power of Attorney

2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • Power of Attorney
  • Declaration of Inventors
  • Deed of Assignment
  • 34 months with extension is possible by paying the prescribed fees.
  • Timeline for national phase entry in South Africa is 31 months
  • Timeline for conventional filing is 12 months from date of priority