Smit & Van Wyk Patent, Trademark & Registered Designs

Patent Applications in South Africa

Intellectual Property Attorneys

Patent applications are submitted to the CIPC Offices in Pretoria, South Africa. Patent applications should include forms P1, P2 and P6 and if made by an attorney or agent, P3. It is important that the description of the specification that goes with form P6 is comprehensive and clear, and where applicable, detailed drawings must be attached, all on A4 pages. Provided that the provisional patent application has been accepted, the applicant will receive a reference number in case he or she needs to make reference to the proposed patent. Once approved the applicant then has 12 months in which to make a Complete Patent Application. This time limit is extendable for a small fee. It normally takes up to 6 months to have complete patent application processed.

Step 1 – Provisional Patent Application
The first step is to file a South African provisional patent application for your invention. This is done to obtain the earliest possible date from which to claim rights to your invention – much like an option to protect your invention.

Step 2 – Complete Patent Application
The second step is to 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. The complete patent application or applications will claim a first (or “priority”) date from your provisional patent application. In other words, the rights you are protecting date back to the filing date of your South African provisional patent application. During the initial 12 month patent grace period, your rights are kept open.

Posted on 28 September 2009
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Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.

Mauritius Trademarks
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.