Patents Laws in South Africa
Patent law in South Africa is governed primarily by the Patents Act 57 of 1978 and its associated regulations. Below is a concise summary of how the patent system works in South Africa:
🔹 Key Legislation:
Patents Act 57 of 1978
Patent Regulations (as amended)
Administered by the Companies and Intellectual Property Commission (CIPC)
🔹 What Can Be Patented:
To be patentable in South Africa, an invention must:
Be new (novel)
Involve an inventive step (non-obviousness)
Be capable of being used or applied in trade, industry, or agriculture (usefulness)
🔹 What Cannot Be Patented:
The following are excluded from patent protection:
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business or performing mental acts
Computer programs “as such”
Methods of treatment for the human or animal body (but devices or compositions can be patented)
🔹 Application Process:
Non-Examination System: South Africa operates a deposit system, meaning applications are not substantively examined. The patent office checks for formalities only.
Filing Options:
Provisional Patent Application (optional): Valid for 12 months, offers a priority date
Complete Patent Application: Must be filed within 12 months of the provisional or foreign priority date
Publication: Usually 18 months after filing or priority date
Grant: After acceptance, the patent is published and granted
🔹 Duration and Maintenance:
Patents are valid for 20 years from the filing date
Annual renewal fees must be paid from the third year onwards
🔹 Patent Enforcement:
Enforced through the Commissioner of Patents (a division of the High Court)
Patent holders can seek injunctions, damages, and destruction of infringing goods
🔹 International Considerations:
South Africa is a member of:
The Paris Convention (priority claims)
The Patent Cooperation Treaty (PCT) – national phase must be entered within 31 months of the priority date
If you’re interested in filing a patent or need legal protection in South Africa, consulting a registered patent attorney is highly recommended due to the legal complexities involved.
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