The South African Patent Office will review the application to ensure that it has all of the required forms, specifications, and drawings. On application to the Court of the Commissioner of Patents, an invalid patent can be cancelled.
The First Steps in Patenting an Idea
Keep your concept a SECRET. It is critical to keep your concept confidential since a patent can only be issued for ideas that are novel, creative, and helpful. If your concept fits these standards, it should be eligible for protection under South African patent law, however you may not apply for protection if you divulge your idea to the public or begin selling the product. Patents have a time and date limit. You have 12 months from the date of your South African provisional patent application to file a full patent application. However, if you wish to proceed with the filing of a full patent application, you must contact us within 10 months of filing your provisional patent application to allow us enough time to draft and prepare a full patent application for your invention; failure to do so will result in a surcharge for urgency. Furthermore, failing to file a patent application or applications within the specified dates may result in the loss of your patent rights.
Look for comparable inventions. Because South Africa has a “absolute” originality criterion, identical innovations everywhere in the globe will erode the uniqueness of your concept, resulting in the loss of your rights. Before applying for a patent, it is critical to do a patent search.
How Much Does It Cost In South Africa To Patent An Idea?
A provisional patent in South Africa costs just R19,950 (exclusive of VAT) when filed through a patent attorney. You may also file your own provisional patent application online for $199.
Is It Possible To Patent A Company Concept In South Africa?
An idea or invention cannot be copied or trademarked. An innovation can only be protected if it meets the requirements of the Patents Act and is registered as a patent.
In South Africa, How Long Is A Patent Valid?
The life of a patent in South Africa is 20 years from the date of filing, with yearly renewal costs required beginning on the third anniversary of the filing date.
In South Africa, How Long Does It Take To Obtain A Patent?
In South Africa, the registration and award of a patent normally takes less than two years from the filing date of the entire application.
In South Africa, Where Do I Go To File A Patent?
Register your idea as a patent with the Companies and Intellectual Property Commission (CIPC) to prohibit others from manufacturing, using, exercising, disposing of, or importing it without your permission.
