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The Patent Application process

Patent Applications

The patent application is first done in South Africa and then internationally since the patent application must have been filed in the country of origin before it can be registered in other countries.

Fortunately the submission does not have to be for every individual country, since one registration is required under the Patent Cooperation Treaty for qualification in 124 countries globally.

Regional groupings are available for Africa which makes it possible to file one patent application which will then be recognized in all the countries in that specific region. The same applies for European countries.

The following steps apply:

  • The first step is to apply for registration.
  • The second step entails the actual registration.

A person can apply for registration in one of the following ways:

  • Apply for provisional grant.
  • Complete registration.
  • Patent Cooperation Treaty registration.

If you apply for provisional registration you will be granted twelve months to finalise the details and file for complete registration from the date of first filing.

Finalisation for granting of rights

Once filing for registration has been done, an assessment of the invention will commence. This includes the novelty search, establishment of originality, usefulness, and also the provision of specifications. When the assessment and registration are complete there will be a three month period for objections.

The Patent Office will then issue the certificate as proof that the patent application has been successful.

You will then have the monopoly rights to your invention. Contact us for assistance in registering your invention.





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