Patents

Patent Applications

Obtaining a patent is a two-step process spaced 12 months apart.

Step 1
File a provisional patent application in South Africa. Once the provisional patent has been submitted, additional steps has to be taken within 12 months to complete the application.

Step 2
File a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection.

All patent applications must be:

1. New – This “absolute” novelty requirement implies that any disclosure anywhere in the world before the filing date of a patent application in South Africa, will destroy the novelty of your invention, thereby forfeiting your patent rights.
2. Inventive – There may be similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
3. Useful – Inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.

Patent Infringement

Patent owners have the right to stop competitors from exploiting their inventions.

Patent Attorneys Contact Request