Patent Registration Guide: Everything You Need To Know
Innovation drives business growth, and protecting your unique ideas, inventions, and products is essential. Patent registration grants you exclusive rights to your invention, preventing others from copying or profiting from it without your permission.
At Burger Huyser Attorneys, we specialise in patent law and assist individuals and businesses in securing intellectual property protection.
What is a Patent?
A patent is a legal right granted to an inventor, giving them exclusive rights to use, manufacture, and sell their invention for 20 years.
To qualify for a patent in South Africa, an invention must meet the following criteria:
✅ Novelty: The invention must be new and not previously disclosed.
✅ Inventiveness: It must involve an innovative step that is not obvious.
✅ Industrial Applicability: The invention must be functional and usable in an industry.
If your invention meets these requirements, you can proceed with patent registration.
Steps to Register a Patent in South Africa
Patent registration in South Africa follows a structured legal process. Below is a step-by-step breakdown:
Step 1: Conduct a Patent Search
Before filing for a patent, you need to check if your invention is truly unique. This step involves:
đŸ”¹ Searching the South African patent database for existing patents.
đŸ”¹ Consulting a patent attorney to verify novelty and legal risks.
đŸ”¹ Ensuring your invention does not infringe on existing patents.
Burger Huyser Attorneys can assist with a comprehensive patent search to determine if your invention 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 submitting a complete patent application.
đŸ”¹ A provisional patent serves as a placeholder but does not grant full protection.
đŸ”¹ It allows time to test, market, or seek investors before filing a full patent.
đŸ”¹ After 12 months, you must submit a complete patent application to retain protection.
Our patent attorneys can assist in drafting a strong provisional patent to ensure maximum legal protection.
Step 3: File a Complete Patent Application
A complete patent application provides full legal protection and exclusive rights to your invention for 20 years.
đŸ”¹ Drafting detailed patent specifications outlining the uniqueness and functionality of your invention.
đŸ”¹ Submitting the application to the Companies and Intellectual Property Commission (CIPC).
đŸ”¹ Patent examination by legal authorities to ensure compliance with patentability requirements.
A complete patent grants full protection, allowing you to enforce your exclusive rights.
Step 4: International Patent Protection (Optional)
If you plan to sell your invention internationally, you may need global patent protection. This can be done through:
đŸ”¹ The Patent Cooperation Treaty (PCT) – A single international application covering multiple countries.
đŸ”¹ Direct applications in individual countries where you plan to operate.
International patents can be complex, but Burger Huyser Attorneys can help you navigate the process.
How Much Does It Cost to Register a Patent in South Africa?
The cost of registering a patent depends on complexity, legal fees, and additional filings.
Estimated patent registration fees in South Africa:
đŸ”¹ Provisional Patent Application: R12,000 – R15,000
đŸ”¹ Complete Patent Registration: R25,000 – R30,000 (depending on complexity)
đŸ”¹ Patent Attorney Fees: R3,000 per hour (varies based on legal assistance required).
Investing in professional legal services ensures a strong patent application and avoids costly mistakes.
How Long Does the Patent Process Take?
Patent registration can take anywhere from 1 to 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 streamline the process and ensure accuracy in your application.
Why Choose Burger Huyser Attorneys for Patent Registration?
At Burger Huyser Attorneys, we specialize in patent registration and intellectual property protection. Our team of experienced patent attorneys ensures that your invention receives full legal protection.
✅ Expert Patent Attorneys – Specialising in patent law and intellectual property rights.
✅ Comprehensive Services – From patent searches to full registration.
✅ Tailored Strategies – Legal advice suited to your business and invention.
✅ Transparent Fees – Provisional patents start at R12,000, complete patents at R25,000.
✅ International Patent Assistance – Guidance on global patent protection strategies.
Registering a patent in South Africa
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
