Intellectual Property

South Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

South Africa Patent Costs

Novelty Search 

(R 5 000 – R 10 000)

A novelty search is conducted prior to filing a Provisional Patent Application to identify potentially novel and/or inventive aspects of an invention in light of what already exists (i.e. the prior art).  Although a novelty search is not suggested for all inventions, the expected cost is approximately R5000 – R10 000 per invention.

Provisional Patent Application 

(R16 000 – R25 000)

The cost involved in the drafting and filing of a South African Provisional Patent Application generally amounts to between R16 000 and R25 000, depending on the complexity of the invention.  Drafting of the application includes the preparation of the patent specification and drawings of a legal and technical standard.  Once we have a better understanding of the invention, we will be able to provide you with a fixed-cost estimate.  However, bear in mind that this will be the only cost to incur for the reservation of your rights for the 12-month period afforded by the Provisional Patent Application.

Complete Patent Application 

(R18 000 – R28 000)

The drafting and filing of a South African Complete Patent Application is slightly more expensive than the Provisional Patent Application, as this application further includes a set of claims.  Ideally, you should have an indication of the commercial potential of the invention when considering whether to file Complete Patent Applications therefor, and this may guide you in terms of the viability of filing a such applications.

Deposit

To commence drafting a Provisional – and/or a Complete Patent Application, we generally ask for a deposit before proceeding.  As such, we will not proceed with any substantial work unless explicitly instructed to do so by means of a deposit.

International Patent Applications 

(R40 000 – R100 000)

As indicated above, the cost of filing internationally varies greatly from jurisdiction to jurisdiction and is largely dependent on the exchange rate at the time of filing the application in a particular jurisdiction.  Moreover, the inclusion of examination procedures in certain jurisdictions often necessitates further prosecution and thus, further costs are involved.  Should you wish for a quotation for a specific jurisdiction, please contact our Foreign Department.

Annual Renewal Fees 

(R1,650 increasing annually on a sliding scale)

A granted South African patent is subject to the payment of prescribed, annual renewal fees from the third anniversary of the date of filing the Complete Patent Application onwards.  Should the renewal fees not be paid timeously, the patent will lapse.

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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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Domain Names

Domain Names

In simple terms, a domain name is the address through which internet users can access a website, for example, www.companyname.co.za or www.companyname.africa or www.companyname.com. Although these...

Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...

South Africa

South Africa

The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...