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in South Africa
South Africa Patent Requirements
  Patent in South Africa: In order to apply and file for a patent in South Africa you need to provide 1. Patent Information, and you need to send to the Attorney the 2. Power of Attorney for South Africa and the 3. Assignment Document if required.
 

1.- Filing information – South Africa Patent

For Convention Applications

  • Our filled out patent order form.
  • Copy of the specification of invention including claims and drawings
  • English translation (Specifications and Priority document).
  • Declaration of Inventor in favor of the applicant, if applicant is different than the inventor.
  • Certified Priority Document with application number and country of origin. English Translation required.

For Applications based on International Applications (PCT)
National Phase Entry Deadline: 31 months

  • Our filled out patent order form
  • PCT application number, publication and International Search Report.
  • Indication if Preliminary Examination has been taken (Chapter II)
  • English translation indicating if there has been any amendment to the PCT original filing. It can not be filed late.

Annuities:

In South Africa the annuity should be paid by the forth year of the international presentation.

Note:

Comment date November 2002: This jurisdiction informed the International Bureau that the new time limit for the National Phase under PCT article 22 (1) of 30 months does not apply, with effect from 1 April 2002.

 

2.- Power of Attorney

 

Simple signed copy sent by post mail.

Contact our attorney in South Africa


 

3.- Patent in South Africa

 

Concession of the Patent Grant: 20 years

Concession of the Utility Model or Design Application: 15 years

Member of the Paris Convention: Yes

South Africa is a Member of the PCT: Yes

  

  1. Patent Filing
  2. Preliminary Exam
  3. Patent Publication: 18 months from the priority date
  4. Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
  5. 90 days to respond office action from the formal examination.
  6. Acceptance or rejection
  7. Payment of the Final Taxes and Title.
 
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