PCT/Paris Route Entering Into South Africa

In South African Law, “invention-creations” include Patent and Design.

“Patent” means any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. In South Africa, “Patent” requires no substantive examination and it can last as long as 20 years.

“Design” means any new, original and ornamental design for an article of manufacture. Once granted, it can last as long as 10 years.

The applicant should enter South Africa by PCT national phase within 31 months from the priority date. If the deadline is missed with any justified reason, you may file a restoration request within 3 months to the CIPC with a statement indicating that the delay in entry was unintentional and pay an extra fee.

The Reasons to Choose South Africa:

Reasonable Application and Maintenance Fees

Most Likely to Obtain a Patent Certificate

Fast Grant Cycle (Around 1 Year)

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

GRANT

Issuance Of Patent Certificate (Taking Around 1 Year After Application)

Documents

Required

Full name, address and nationality of Applicant(s)

Full name and address of Inventor(s)

PCT Application number if it’s PCT National Phase, Else Original Patent Application Information is Required.

Frequently Asked Questions:

When should I file the PCT national entry into South Africa? icon icon
  • You’d better enter South Africa by PCT national phase within 31 months from the priority date. If the deadline is missed with any justified reason, you may file a restoration request within 3 months to the CIPC with a statement indicating that the delay in entry was unintentional and pay an extra fee.
What’s the requirement of language for the patent application? icon icon
  • English version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Patent in South Africa requires no substantive examination.
Is it hard to get it granted in South Africa and how long will it takes? icon icon
  • It is easy to get it granted in South Africa and it will take around 1 year after application. Since patent in South Africa requires no substantive examination, you can get satisfied results of your patent application.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
850
Govt Fee*
180
Total
1,030
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.