Fees associated with filing an industrial design application in South Africa as well as other design fees are available in the fee calculator.
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The term for filing design application in South Africa
The term for filing a design application in South Africa is six months from the priority date. Restoration of this term is not possible.
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Minimum filing requirements in South Africa
For successful filing of a design application, the following must be provided to the Companies and Intellectual Property Commission: applicant’s and designer’s details, declaration by the applicant that he/she is the proprietor of the design, or deed of assignment if the applicant is not the designer, representation of the design, a statement of features of the design for which protection is sought and priority details, if any.
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Multiple design application
Multiple design application is not possible in South Africa. However, South Africa does permit a design application to cover a "set of articles", provided that each article in the set has the same general character and is either: ordinarily on sale together; or intended to be used together.
The validity term of an aesthetic design is 15 years from the filing date or priority date or the date of public release, whichever is earlier. The validity term of functional design is 10 years from the date of filing or priority date or the date of public release, whichever is earlier.
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Examination of a design application in South Africa
The industrial design application in South Africa is examined according to the formal requirements only.
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Power of Attorney requirements
The duly executed Power of Attorney is sufficient, no legalization is required. It must be provided at the time of filing or within six months from the date of filing the industrial design application in South Africa on condition a relevant fee is paid. Late filing of the Power of Attorney is subject to payment of the official fee.
A certified copy of the priority document must be provided at the time of filing or within six months from filing the design application in South Africa on condition a relevant fee is paid. If the priority document is not in English, a certified translation thereof is required.
A six-month novelty grace period is applicable for the industrial design applications in South Africa, provided that this date is disclosed in the application for the registered design as a “release date”.
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Grant and patent maintenance
There is no official grant fee to be paid. The maintenance fees are paid annually; the first annuities must be paid within three years from the earliest of: the date of filing, the priority date (if priority is claimed) or the release date (if claimed). Annual fees may be paid within 6 months after the due date on condition of payment of a surcharge (for each month or part thereof).
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Representation by a patent attorney
A South African address must be provided as the address for services. For foreigners, it is recommended to perform the industrial design prosecution in South Africa through an agent, a registered South African patent attorney.
The South African legislation provides protection for two types of designs:
- aesthetic design, which is defined as a design applied to an article, whether for the pattern or the shape or the configuration or the ornamentation thereof and by whatever means it is applied, having features which appeal to and are judged solely by the eye;
- functional design, which is defined as a design applied to an article, whether for the pattern or the shape or the configuration thereof, and by whatever means it is applied, having features which are necessitated by the function which the article is to perform, and includes an integrated circuit topography, a mask work and a series of mask works.
Brief summary is based on the information provided by SIBANDA & ZANTWIJK ATTORNEYS on 28.02.2024
Please contact us if the above information is not in conformity with South African IP Laws