South Africa Patent
South African Patent by Lexgin
In terms of the South African Patents Act, individuals may file their own provisional patent applications. It is, however, advisable for applicants to seek the assistance of patent attorneys. If a provisional patent application is filed, the strength and scope of protection ultimately obtained will depend on the wording and content of the description of the invention.
The Patent Office takes precautions to maintain confidentiality but can not be held responsible for what occurs outside the office. South Africa is one of 142 countries that is a member of the Patent Co-operation Treaty (PCT). This Treaty allows an individual to file an international application as well as a national application. The international application will designate countries in which the applicant seeks protection. Extra fees are payable for this type of registration.
The Patent Office cannot accept any responsibility for the loss of rights arising if the invention becomes public and is copied and the provisional applications have not been properly drafted.
Our Commitment
- In the previous year, we filed a 100% successful grant of 120+ South African Patents.
- South Africa Patent like any other standard patent has a validity of 20 YEARS.
- COMPLETE PATENT FILING (not provisional)
- Patent Grant in 3 to 6 months
- End to End Process from drafting to Grant of Patent Certificate (soft copy)
- Filing Indian Patent is also included in the service at no additional cost.
- Technical advice at additional cost if needed.
- INR 49,000 (all inclusive up to successful grant)
What is a Patent?
A Patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem.
What is the Lifespan of a Patent in South Africa?
A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year. It is important to pay an annual renewal fee to keep it in force. The patent expires after 20 years from the date of application.
What can be patented?
Section 25 of the Patent Act, Act 57 of 1978 defines the scope of patentable inventions: 25. Patentable inventions:
- A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry, or agriculture.
- The following shall not be an invention for the purposes of this Act: Anything which consists of:
- Discovery
- Scientific theory
- Mathematical method
- Literary, dramatic, musical or artistic, or any other aesthetic creation
- Scheme, rule, or method for performing a mental act, playing a game, or doing business
- Program for a computer
- The presentation of information
- shall not be an invention for the purposes of this Act.
Sample certificate of South African Patent
