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South Africa

Patent Cooperation Treaty Applications

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The Patent Cooperation Treaty is often referred to as the PCT. It is an international treaty that governs patent filings and cooperation amongst member states. The Patent Cooperation Treaty came into being as far back as 1970 with the aim of unifying patent filing procedures and to ensure that the patents granted in the member states are protected against infringement thereof. Although there certainly is no such thing as an international patent, the term used for the filing of patents under the Patent Cooperation Treaty is known as the international filing or application. It can also be referred to as a PCT filing. Under the Paris Cooperation Treaty only one application needs to be lodged with the Receiving Office. It can be done in one language. The International Searching Authority, which is more often referred to as ISA, then does a search. Once the search has been completed, ISA provides an opinion in writing about the application. The invention must be deemed patentable for application to go onto the next phase. In some instances the IPEA, which stands for International Preliminary Examination Authority will also perform an examination. The last phase of a patent application with the Patent Cooperation Treaty involves another examination by the national patent authority.

The World Intellectual Property Organisation, known as WIPO, administers the PCT National Phase Applications. In effect the member states of the Paris Convention, who are signatories to the Paris Cooperation Treaty, number more than 124 and as such it is possible to file a single patent application to cover all the countries, although each country must still authorise the patent after their national or regional examination. To file an international application you must be resident in one of the Paris Patent Cooperation Treaty signatory countries.

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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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