How to File South African Design Applications

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Design applications don't have not be complicated although the various terms and conditions may become confusing. A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Read more about Registered Designs.

Design Prototype

The Design application process

Keep Your Design Confidential
Do not market, publish, or sell your design until a South African registered design application has been filed. Contact us to discuss how best to protect your design.

Prepare the Application
Once you decide to proceed, and we receive your deposit, we will prepare the design application. This includes the necessary drawings or photographs that clearly represent your design.

Approve the Draft
The completed application will be sent to you for review and approval. Once you are satisfied that all details are correct, we will proceed with filing.

File the Application
We will file your application at the South African Designs Office in Pretoria. Only after we confirm that the filing has been completed should you disclose your design publicly.
(Note: There is a six-month grace period for filing a design application as explained above.)

Registration Timeline
The registration process typically takes about eight months from the date of filing until the South African Designs Office issues a notification of registration.

Foreign Applications (if applicable)
If you intend to register your design in other countries, please inform us at the outset. Foreign applications can usually be filed within six months of the South African filing date and may claim the same priority date.

Application Grace Period

Unlike a patent for which absolute novelty is required, a design may be registered up to 6 months after the design has been disclosed or released to the public. However, if another party starts to produce an article during the six month period, which article would have infringed the design had the design been registered, it would not in future be possible to take action against the other party. Filing Requirements:

  • Power of Attorney.
  • Drawings, photographs or a sample of the design/model.
  • Deed of Assignment.
  • Priority Document.
  • Details of the Applicant: (Full names, Physical address & Nationality / country of incorporation)

The filing of a design application is then done at the CIPC which is located in Pretoria. After filing is confirmed, you as the client may disclose the design. It normally takes around eight months for registration to be completed.

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