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Intellectual Property

South Africa

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 Application Process

First and foremost, KEEP THE DESIGN SECRET and do not market it or sell it until a South African registered design has been filed. Contact us to discuss the protection of your design. Should you wish to proceed with registration of a design, we shall, upon receipt of a deposit, prepare the design application including drawings or photos showing the design. The design application will, upon completion, be forwarded to you for approval. When you are satisfied that the design application is complete, we shall file it at the South African Design office in Pretoria. Only after we confirm that the design application has in fact been filed may you disclose your design. (Note, however, the six month grace period for filing a design application as described above) It usually takes about eight months from the date of filing the application until notification of registration is received from the South African Designs Office. If foreign registered designs are to be applied for, we should be notified thereof at the outset, but foreign design applications may be filed in a number of countries within six months after the filing of a South African registered design. Such a design application may then claim the priority date of the South African design.

6 Months 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.

What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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