Registering a new invention is an important step in protecting your intellectual property in South Africa. To qualify for a patent, an invention must meet three basic requirements under South African law: it must be new, inventive, and useful. If these conditions are satisfied, a patent may generally be granted, subject to certain exclusions.

Obtaining a patent involves a two-step process, with the steps spaced 12 months apart. Complete patent applications are more expensive to file than provisional applications, and once a complete patent application is submitted, it is not possible to add additional material. This two-step approach allows inventors time to refine their invention before finalising the complete application.

The Two-Step Patent Application Process in South Africa

Step 1: Provisional Patent Application
The first step is to file a provisional patent application for your invention in South Africa. This establishes the earliest possible date from which you can claim rights to your invention, functioning like an option to protect it while giving you time to refine your invention.

Step 2: Complete Patent Application
The second step is to file a complete patent application within 12 months of the provisional filing, both in South Africa and in any other countries where you seek patent protection. The complete application will claim a priority date from the provisional application, meaning your rights are effectively backdated to the original filing date. During the 12-month period between provisional and complete filings, your rights are maintained, giving you time to finalise your invention and secure full patent protection.

Information Required for a South African Patent Application

If you contact us, we can provide an outline to help organise the information required for a patent application.

Details of the invention
A full technical description of the invention is needed to draft the patent specification. Prototypes or drawings, along with a description of the functions and distinguishing features, are also useful. It is important to include as much detail as possible to ensure all embodiments and features are protected. As the inventor, you provide the technical expertise, and we will draft the specification, send it to you for approval and comments, and only file the application once approval is received.

Details of the inventors
The South African Patents Act requires the full names and residential addresses of all inventors who contributed inventively to the invention.

Details of the patent applicant or patentee
A patent can be filed in the name of an individual or a legal entity. We need the full names and addresses of individual applicants, or the name and registered address of the entity applying for the patent.

Details of our client
In compliance with the Financial Intelligence Centre Act, we must identify our client. You will need to provide full contact details that meet the requirements of the Act.

This information ensures that your patent application is complete and compliant with South African legal requirements.