How to patent your invention in South Africa and the costs

In a moment of ingenuity, you conceive an idea for an invention that could revolutionise the lives of countless individuals. However, the looming question is: how does one go about securing a patent to ensure the safeguarding of this brainchild from potential theft?

It should be noted, that a patent stands as an exclusive right bestowed upon an invention—a product or process that introduces a novel method of accomplishing a task or provides a fresh technical resolution to a predicament.

Moreover, it furnishes the owner with protection, affording them the authority to prohibit others from creating, utilising, practicing, transferring, proposing to transfer, or importing the invention. This protection remains valid for a restricted term of 20 years.

In the intricate process of patenting an invention, Smit & Van Wyk (Patent, Trade Mark, and Copyright Attorneys) emphasise the necessity of preserving your invention’s confidentiality until the patent application is formally submitted. The application itself unfolds in a two step sequence spaced 12 months apart, as detailed by the attorneys.

“The South African Patent Office will check to see if all the necessary forms, specifications, and drawings are included in the application. Important Notice: An invalid patent can be revoked on application to the Court of the Commissioner of Patents,” added Smit & Van Wyk Attorneys.

Smit & Wyk pinpoint the essential steps involved in filing a patent in South Africa:

1. Contact a Qualified Patent Attorney: These specialised attorneys focus on the identification, safeguarding, litigation, and enforcement of patents. Furthermore, qualified attorneys with this expertise are entitled to register and file a patent in South Africa.
2. Determine the Type of Patent: Select from Patents of Invention, National Phase PCT Application, or Patents of Addition.
3. Prepare the Application: Your patent attorney will compile the specifications, claims, drawings, and abstract for your invention, prerequisites for filing.
4. File a Provisional Application: To establish the earliest conceivable date for claiming rights to your invention. Subsequent steps must be taken within 12 months to finalise the application after the provisional patent submission.
5. File a Complete Application: Within 12 months of submitting the provisional application in South Africa and/or in each desired country for patent protection.

In addition, the South African Government underscores the option to register a patent with the Companies and Intellectual Property Commission (CIPC) to bar unauthorised usage, exercising, disposal, or importation of one’s invention.

Upon opting for patent registration via CIPC, a four-step procedure ensues:

1. Step One: Register as a Customer

To facilitate transactions with CIPC, registration as a customer on the eservices website is essential. Once registered, a virtual account is created in the customer’s name. This registration is a one time process, and it is crucial to safeguard the customer code and password for future use.

2. Step Two: Deposit Funds

• Trade Mark application: R590 for each class category.
• Patent application: R60 for a provisional patent application and R590 for a complete patent application or PCT national entry application.
• Design application: R240
• Copyright application: R510

3. Step Three: Conduct Online Patent Search

•   National patent search: Click here
•   International patent search: Click here

4. Step Four: Apply for Patent

One can submit their patent application electronically, by clicking here.

Furthermore, these comprehensive steps provide inventors with a viable path to patent their innovations. Smit & Wyk Attorneys underscore that adherence to South African law is imperative for successfully filing a patent in SA.

Invention Requirements

1. Novelty: The “absolute” novelty condition necessitates that any disclosure anywhere in the world before the filing date of a patent application in South Africa will nullify the novelty of the invention, thereby forfeiting patent rights.
2. Inventiveness: Similar inventions may have been disclosed to the public in patent specifications or other literature. It’s crucial to determine whether the invention is considered obvious or not.
3. Utility: Inventions devoid of application in trade, industry, or agriculture cannot be patented according to South African patent law.

Lastly, South African patents maintain a 20 year duration, and annual renewal fees are payable from the 3rd anniversary of the filing date. South Africa is a member of PCT and the Paris Convention, with patents in the country requiring absolute novelty, inventiveness, and utility.

With the above in mind, be sure to share your thoughts and opinions in the comment section below.