Bowman Gilfillan Inc. (incorporating John & Kernick) has over 80 year’s experience in filing and prosecuting intellectual property applications in South Africa and in Africa. We are based on the Southern tip of the continent in the commercial centre of Africa. The South African economy and the economies of many countries in Africa are growing rapidly and it is becoming more and more important to protect intellectual property in Africa, especially in the fields of mining, pharmaceuticals, telecommunications and banking.

South Africa is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT). Applicants may make use of the provisions of these treaties in protecting their intellectual property.

Thus, a prospective applicant may file the following types of patent applications in South Africa:

• a Convention patent application in South Africa based on an earlier application in a Convention country; or
• a National Phase patent application based on an earlier PCT International patent application; or
• a non-Convention application, ie an application that is not based on an earlier application in a foreign jurisdiction.

Similarly, a prospective applicant may file a Convention design application in South Africa based on an earlier application in a Convention country or a non-Convention application, ie an application that is not based on an earlier application in a foreign jurisdiction

Unlike many countries, South Africa has a depository system of patent applications rather than an examining system. In other words, a patent application filed at the South African Patent Office is not examined to ensure that the subject invention meets any requirements for patentability, such as novelty or inventiveness. If the patent granted on such an application 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. For this reason we review new applications for compliance with South African law and practice and, if necessary, amend the specification to comply thereto. It is also important that applicants for South African patents consider amending the claims of their South African patent applications, whether before or after grant, to conform to the granted claims of a corresponding application in an examining jurisdiction.

The filing of a patent application is not the only means of protecting intellectual property. Other forms of protection that are available include registered designs, trade marks, plant breeders' rights and copyright. These may exist in addition to, or in place of, patent rights. Intellectual property rights may also be protected under the common law.