SA Patent Registration Process Explained
Innovation is at the heart of business growth, and if you’ve developed a new product that is unique and valuable, securing a patent is crucial. A patent grants you exclusive rights to your invention, preventing others from making, using, or selling it without your permission.
At Burger Huyser Attorneys, we specialize in patent law and help individuals and businesses protect their intellectual property.
What is a Patent?
A patent is a legal right granted to an inventor for an invention that is new, useful, and innovative. It provides the patent holder exclusive rights to the invention for a period of 20 years.
To qualify for a patent in South Africa, an invention must meet three key criteria:
✅ Novelty (Newness): The product must be unique and not previously disclosed to the public.
✅ Inventiveness: It must involve an innovative step that is not obvious to someone in the industry.
✅ Industrial Applicability: The product must be capable of being manufactured or used in a business.
If your invention meets these requirements, you can proceed with the patent registration process.
Steps to Patent a Product in South Africa
The process of patenting a product involves several legal steps. Below is a breakdown of how to secure a patent in South Africa.
Step 1: Conduct a Patent Search
Before applying for a patent, you must determine whether your invention is truly unique. This involves:
🔹 Searching the South African patent database to check for existing patents.
🔹 Consulting a patent attorney to assess the originality of your product.
🔹 Ensuring your invention does not infringe on existing patents.
Burger Huyser Attorneys can assist with comprehensive patent searches to determine if your product is patentable.
Step 2: File a Provisional Patent Application
A provisional patent application secures a filing date and gives you 12 months to further develop and refine your invention before filing a complete patent application.
🔹 A provisional patent acts as a placeholder but does not grant full protection.
🔹 During this period, you can test, market, or seek investors for your product.
🔹 After 12 months, you must submit a complete patent application to retain protection.
Our patent attorneys can help draft a strong provisional patent to ensure maximum legal protection.
Step 3: File a Complete Patent Application
A complete patent application grants full protection and exclusive rights to your product for 20 years. This process involves:
🔹 Drafting detailed specifications outlining the invention’s uniqueness and functionality.
🔹 Submitting the application to the Companies and Intellectual Property Commission (CIPC).
🔹 Patent examination to ensure compliance with legal requirements.
A complete patent provides full legal protection, allowing the patent holder to enforce their rights against unauthorized use.
Step 4: Consider International Patent Protection (Optional)
If you plan to sell your product internationally, you may need global patent protection. This can be done through:
🔹 The Patent Cooperation Treaty (PCT) – A system that allows you to apply for patents in multiple countries.
🔹 Direct applications in individual countries where you plan to market your product.
International patents can be complex, but Burger Huyser Attorneys can guide you through the process.
How Much Does It Cost to Patent a Product in South Africa?
The cost of patenting a product depends on complexity, legal assistance, and additional filings.
Estimated patent registration fees in South Africa:
🔹 Provisional Patent Application: R12,000 – R15,000
🔹 Complete Patent Registration: R25,000 – R30,000 (depending on complexity)
🔹 Patent Attorney Fees: Varies based on the level of legal assistance.
Investing in professional patent legal services ensures a stronger patent application and avoids costly mistakes.
How Long Does the Patent Process Take?
The patent registration process can take 1–3 years, depending on various factors, such as:
📌 Provisional Patent: Filed within a few weeks and valid for 12 months.
📌 Complete Patent: Examination and approval can take 1–3 years.
A patent attorney can help speed up the process and ensure accurate submissions.
Why Choose Burger Huyser Attorneys for Patent Registration?
At Burger Huyser Attorneys, we have expertise in patent law and help clients secure their intellectual property rights.
✅ Expert Patent Attorneys – Specialising in patent law and IP protection.
✅ Comprehensive Services – From patent searches to full registration.
✅ Tailored Strategies – Legal advice suited to your invention and business needs.
✅ Transparent Fees – Provisional patents start at R12,000, complete patents at R25,000.
✅ International Patent Assistance – Guidance on global patent protection.
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
