Patent Requirements: A South African patent may be granted for an invention that is new (novel), inventive and useful. Novelty can never be determined conclusively, but an indication of the novelty of your invention may be found by conducting a patent search. South Africa has a an absolute novelty requirement, which means that disclosure of the invention anywhere in the world will destroy the novelty of your invention, thereby forfeiting your patent rights.
If you found an invention in another country it will not be possible to obtain patent protection for the invention in South Africa because you are not the inventor. Only the inventor or person to whom the rights has been assigned to may apply for patent protection. For more information regarding patents, please view our patents page.
The Patent Cooperation Treaty or PCT is an international patent law treaty. The PCT provides a unified procedure for filing patent applications to protect inventions in each of its contracting states.