A patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent. A patent is a limited property right the government gives inventors in exchange for their agreement to share details of their inventions with the public. Like any other property right, it may be sold, licensed, offered as security, or transferred.
A patent is usually a right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter. Similar rights can also apply to industrial designs and plant breeding.
Patent Services In South Africa
PFT Burger Patent & Trade Mark Attorneys
IdeaNav Patent Attorneys | Protect your Idea
Smit & Van Wyk
Bredenkamp Intellectual Property Attorneys
KISCH IP
Galgut & Galgut Patent And Trade Mark Attorneys
McCallum Rademeyer and Freimond
Von Seidels
Myers IP Consulting
Gunter Attorneys
Brian Bacon Inc
Hahn & Hahn Inc
How to Apply for a Patent In South Africa
Our specialized patent attorneys are able to assist you throughout the patent application process, all the way through to patent registration. If you would like to get in touch with one of our patent attorneys for a discussion or consultation, please contact us. If you are not ready to make contact yet but would like more information about patent protection in general, download our brochure.
Also, you may file a provisional patent application (but not a complete patent application!) without a patent attorney by contacting the Patent Office (CIPC) directly. However, do be aware that many self-filed provisional patent applications inadvertently limit the scope of protection which they provide and a self-filed provisional patent application will not in itself lead to a patent registration.
Effect of a Granted Patent In South Africa
A patent, when granted, confers upon the patentee in South Africa, for the duration of the patent (as long as it is maintained in force by the payment of the renewal fees), the right to exclude other persons from:
making,
using,
exercising,
advertising or selling, or
importing
the invention, so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention. The grant of a patent also does not necessarily entitle a patentee to exploit the invention; it merely entitles him to exclude others from competing with him. The right to exploit depends upon whether or not prior rights are held by other parties.
How much does a patent cost in South Africa?
The “rule of thumb” is that to file a patent (“national phase patent“) in most countries costs between R25,000 and R45,000. However, to file a South African national phase patent costs only R11,950 (excl. vat).
How do patents work in South Africa?
The protection is granted for a limited period of 20 years. In terms of the South African Patents Act, individuals may file their own provisional patent applications. A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year from the date of filing in South Africa.
How long does it take to get a patent in South Africa?
Registration and grant of a patent in South Africa usually takes place in under 2 years calculated from the filing date of the complete application.
What Cannot be patented in South Africa?
Anything which consists of a discovery; a scientific theory; a mathematical method; a literary; dramatic, musical or artistic work; or any aesthetic creation; a scheme, rule, or method for performing a mental act; playing a game, or doing business; a program for a computer; or the presentation of information, are not .