• Patent fees

Fees associated with the South African PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in South Africa

The time limit for entering the South African national phase of a PCT is 31 months from the date of priority. This term may be extended for three months.

• Minimum filing requirements in South Africa

To obtain a filing date, it is necessary to provide the Companies and Intellectual Property Commission with:
- name(s) and address(es) of applicant(s) and inventor(s);
- the number, date and country of the basic application if Paris Convention priority is to be claimed;
- international application number and filing date.

• Language of the South African patent application

The official language of the South African IP Office is English. If the international application is filed in any other foreign language, the translation thereof into English must be provided within three months from the date of national phase entry.

• Power of Attorney requirements

The Power of Attorney is not required to be legalised. It must be provided within six months from the date of the South African PCT national phase entry. Late filing of the Power of Attorney is subject to payment of a surcharge.

• Assignment Deed

If the inventor is not the applicant of the South African patent application the Assignment Deed must be provided; legalisation is not required. It is possible to submit thereof within six months from the South African national phase entry. Late filing of the Assignment Deed is subject to payment of a surcharge.

• Substantive examination request

A South African patent application based on PCT is examined according to the formal requirements only.

• Novelty grace period

There is no provision in respect of novelty grace period in the South African patent legislation.

• Grant and maintenance fees

No official grant fee needs to be paid. Patents in South Africa are valid for 20 years from the international filing date. The first patent maintenance fee is calculated starting from the third anniversary of the international filing date. However, it may be delayed until grant of the patent.

• Representation by a patent attorney

For foreigners, it is required to perform the South African PCT national phase entry through an agent, a registered South African patent attorney.

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