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South Africa has a depository system of patent applications rather than an examining system. If the patent granted is attacked or an attempt is made to enforce the patent against infringement, the patentability of the subject invention is likely to be determined in a court of law.
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Overview on South African Patent Applications filed by Foreign Applicants
Time limits for filing patent applications in South Africa
Duration and Renewal of South African Patents
Filing requirements for South African Patents
Amendments and Corrections to Patent Specifications and Accompanying Documents
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Namibia Industrial Property Bill
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South Africa is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) and therefor prospective applicants may file Convention, National Phase or non-Convention patent applications in South Africa
 

English is one of the official languages of South Africa and it is the language in use at the South African Patent Office. Unless otherwise specified, all documents required for filing at the South African Patent Office must be translated into English. However, not all translations require verification and, unless otherwise specified, verification of translations is not required.

We will provide you with all of the formal documents required to accompany an application for a patent at the South African patent office. We are also able to provide you with abstracts and classifications and to select the publication drawing, where necessary.

 

The following documents are required for filing a South African patent application:

NON-CONVENTION APPLICATIONS

  • Declaration and Power of Attorney (Form P3);*
  • Assignment of Invention (where the application is filed in the name of an applicant other than the inventor(s));*
  • Patent specification in English;
  • Abstract and drawing to be used for publication.

 

CONVENTION APPLICATIONS

  • Declaration and Power of Attorney (Form P3);*
  • Assignment of Invention (where the application is filed in the name of an applicant other than the inventor(s));*
  • Patent specification;+
  • Abstract and drawing to be used for publication;+
  • Certified copy of priority document;*
  • Verified English translation of priority document (where the priority application is in another language).+*

 

PCT NATIONAL PHASE APPLICATIONS

  • Declaration and Power of Attorney (Form P3);*
  • Assignment of Invention (where the application is filed in the name of an applicant other than the inventor(s));*
  • Certified copy of the priority document, where a copy of the priority document has not been lodged in the founding PCT International patent application under Rule 17.1 of the PCT Regulations;*
  • Copy of International application published under the PCT together with the PCT Search Report;+
  • Copy of IPER (Chapter I) or IPRP (Chapter II) together with any Article 19 and/or Article 34 amendments;+*
  • Copy of any Article 41 amendments (ie amendments made on entry to National Phase).+

 

* These documents may be filed up to six months after the date of application.
+ English translations of these documents must be provided if they were not originally in English.

 
 
 
 
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