How Much Does a Patent Cost?
Patents are one of the most effective ways to protect an invention, giving inventors exclusive rights to their ideas for a specified period. Whether you’re an entrepreneur, a startup, or an established business, securing a patent in South Africa can provide a competitive advantage by preventing others from using, making, or selling your invention without permission.
However, one of the most common questions we receive at Burger Huyser Attorneys is: “How much does it cost to obtain a patent in South Africa?” The cost of securing a patent varies depending on factors such as the complexity of the invention and legal fees. Generally, provisional patent applications cost between R12,000 – R15,000, while a complete patent can range from R25,000 – R30,000.
1. Understanding Patent Costs in South Africa
The cost of obtaining a patent depends on several factors, including:
- Whether you file a provisional or complete patent application.
- The complexity of the invention and the technical details required.
- The involvement of a patent attorney to ensure proper drafting and filing.
- Additional costs such as patent searches, maintenance fees, and amendments.
By understanding these cost elements, businesses and inventors can plan their intellectual property strategy effectively.
2. Provisional Patent Application: R12,000 – R15,000
A provisional patent application is the first step in securing protection for your invention. It gives you 12 months of temporary protection, allowing you time to further develop your invention before filing a complete patent.
What does the cost include?
✅ Drafting and filing the provisional patent application.
✅ Preparing technical descriptions and drawings.
✅ Submission to the Companies and Intellectual Property Commission (CIPC).
A provisional patent does not grant full protection but acts as a placeholder, giving you the right to claim priority when filing a complete application later.
3. Complete Patent Application: R25,000 – R30,000
To obtain full patent protection, a complete patent application must be filed within 12 months of submitting a provisional application. A complete patent provides 20 years of exclusive rights to your invention in South Africa.
What does the cost include?
✅ Drafting a full and detailed patent specification.
✅ Filing with the CIPC.
✅ Patent examination and response to official queries.
✅ Legal fees for patent attorneys (if applicable).
The final cost depends on the complexity of the invention. Highly technical or specialized inventions may require more time and expertise to draft, leading to higher legal costs.
4. Additional Patent-Related Fees
Apart from filing fees, other costs may arise throughout the patent lifecycle:
| Fee Type | Estimated Cost |
| Patent Search (Optional) | R5,000 – R10,000 |
| Patent Amendments | Varies based on complexity |
| Annual Renewal Fees | R1,000 – R4,000 per year |
A patent search is optional but recommended before filing to check if similar inventions already exist. Annual renewal fees must be paid to maintain the patent’s validity.
5. Why Are Patent Costs Worth the Investment?
Securing a patent is an investment in the future of your business. While the cost of patenting an invention may seem high, the long-term benefits outweigh the initial investment. Some key benefits include:
✅ Exclusive rights: Prevents competitors from copying or profiting from your invention.
✅ Increased business value: Patents can attract investors and potential buyers.
✅ Revenue opportunities: Patents can be licensed or sold for profit.
✅ Legal protection: Helps enforce your rights if infringement occurs.
6. How to Get Started with Your Patent Application
If you’re considering patenting an invention in South Africa, it’s important to work with experienced patent attorneys to ensure your application is drafted correctly. At Burger Huyser Attorneys, we provide expert guidance to help you secure and protect your intellectual property.
Steps to apply for a patent:
1️⃣ Consultation – Discuss your invention and determine its patentability.
2️⃣ Patent Search (Optional) – Check if similar patents exist.
3️⃣ Provisional Application – Secure initial protection (R12k – R15k).
4️⃣ Further Development – Improve your invention over 12 months.
5️⃣ Complete Application – Obtain full patent rights (R25k – R30k).
7. Contact Burger Huyser Attorneys for Patent Assistance
At Burger Huyser Attorneys, we specialize in intellectual property law and can guide you through the patent process efficiently. Our team of experienced patent attorneys ensures that your invention receives the protection it deserves.
📞 Contact us today to discuss your patent needs and get a cost estimate tailored to your invention.
If you have an innovative idea, don’t wait! Contact Burger Huyser Attorneys today to start the patenting process and secure your invention’s future.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
