How Do I Qualify To Register a Patent in SA?

In today’s fast-paced world, innovation is key to success, and securing a patent for your invention can be a crucial step in ensuring you retain the exclusive rights to your creation. A patent not only offers legal protection for your invention, but it also prevents others from making, using, or selling your idea without your permission. In South Africa, the Companies and Intellectual Property Commission (CIPC) is responsible for overseeing the patent registration process.

At Burger Huyser Attorneys, we specialise in intellectual property (IP) law and provide expert assistance to clients seeking to protect their inventions. 

A patent is a legal right granted to an inventor, giving them the exclusive right to make, use, and sell their invention for a set period of time, usually 20 years. Patents are granted for new inventions or innovative processes, including products, machines, or methods that have not been previously disclosed to the public.

In order to qualify for a patent in South Africa, the invention must meet the following criteria:

  • Novelty: The invention must be new and cannot have been publicly disclosed or used.
  • Inventiveness: The invention must involve an inventive step, meaning it’s not obvious to someone skilled in the relevant field.
  • Industrial Applicability: The invention must be useful and have practical application in an industry.

Now that you understand what a patent is, let’s take a closer look at the steps involved in registering a patent in South Africa.

Step-by-Step Guide: Patent Registration Process in South Africa

The patent registration process is a multi-step procedure that requires attention to detail and precise documentation. Here are the main steps you need to follow:

Step 1: Conduct a Patent Search

Before you file a patent application, it’s essential to ensure that your invention is novel. A patent search will help you determine if there are any existing patents similar to your invention. This search can be conducted through the CIPC or other databases to ensure that your idea is unique.

At Burger Huyser Attorneys, we offer comprehensive patent search services to identify potential conflicts and avoid unnecessary delays in the registration process. A thorough search helps increase the chances of your patent being approved by ensuring that your invention has not already been patented.

Step 2: File a Provisional Patent Application

The next step is to file a provisional patent application with CIPC. A provisional application is a cost-effective way to secure an early filing date and establish priority for your invention. Filing a provisional patent provides a 12-month window to further develop your invention and file a complete application.

While a provisional patent does not grant full protection, it does serve as an official record of your invention, which will protect your priority date. During this time, you can test your invention, seek funding, or prepare for commercialization.

Key benefits of filing a provisional patent include:

  • Priority date protection: Establishes your invention’s priority date.
  • Time for further development: You have up to 12 months to file a complete application.
  • Lower cost: Provisional applications are generally cheaper and simpler than complete applications.

Step 3: File a Complete Patent Application

After filing a provisional application, you must submit a complete patent application to CIPC within 12 months. The complete application includes a detailed description of the invention, along with clear claims that define the scope of protection for your invention.

The complete patent application must include:

  • Title: The name of your invention.
  • Abstract: A brief summary of the invention.
  • Description: A full explanation of how the invention works, including drawings or diagrams if necessary.
  • Claims: Clear statements defining the inventive features of your invention.
  • Drawings: Any necessary diagrams to support the description of the invention.

This stage of the process is crucial because it defines the protection your invention will receive. It’s essential to ensure that your application is written clearly and comprehensively, as any ambiguity can lead to rejection or limited protection.

Step 4: Examination of the Patent Application

Once you’ve submitted your complete patent application, CIPC will examine your application to determine whether it meets the legal requirements for a patent. This examination process typically involves checking for:

  • Novelty: Ensuring that the invention is new and has not been previously disclosed.
  • Inventiveness: Determining whether the invention involves a non-obvious technical solution.
  • Industrial applicability: Verifying that the invention can be used in a practical, industrial context.

During this phase, CIPC may request additional information or clarification to ensure the invention meets all necessary criteria. If the examination is successful, your patent will be granted.

Step 5: Patent Grant and Protection

Once CIPC has approved the patent, it will be officially granted. After this, you have exclusive rights to make, use, and sell your invention for up to 20 years, provided that you pay the necessary annual renewal fees.

It’s important to note that once granted, your patent is not automatically enforced. As the patent holder, you are responsible for monitoring any infringement and taking legal action if necessary. If someone else makes or sells your patented invention without your permission, you have the right to take legal action to enforce your patent rights.

Costs Involved in Patent Registration

The cost of registering a patent can vary depending on the type of application and the complexity of the invention. Below are the typical costs involved:

  • Provisional Patent Application: R12,000 to R15,000
  • Complete Patent Application: R25,000 to R30,000 (depending on the complexity of the invention)
  • Attorney Fees: R3,000 per hour (for drafting, filing, and legal advice)
  • Patent Renewal Fees: Annual fees required to maintain the validity of your patent

While patent registration can be costly, it is a valuable investment that provides exclusive rights to your invention and helps protect your intellectual property from competitors.

Why Choose Burger Huyser IP Attorneys?

At Burger Huyser Attorneys, we specialise in patent law and are dedicated to helping clients protect their innovations. Our services include:

  • Patent Searches: Comprehensive searches to ensure your invention is novel.
  • Patent Drafting and Filing: Expert assistance in preparing and submitting your patent application.
  • Legal Advice: Providing advice on the best strategies for patent protection.
  • Patent Enforcement: Assisting in defending your patent rights and taking action against infringement.

Our team of experienced patent attorneys can guide you through every step of the patent registration process, ensuring that your invention is properly protected. Contact our expert IP team today.

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