A Guide on Patent Protection and Costs in South Africa
Innovation drives progress, and securing legal protection for your ideas is crucial in today’s competitive business landscape. One of the most effective ways to safeguard your invention is through a patent. Patents grant inventors exclusive rights over their creations, preventing others from making, using, or selling the invention without permission.
At Burger Huyser Attorneys, we specialize in patent law, helping individuals and businesses navigate the complex process of obtaining a patent. The cost of securing a provisional patent in South Africa typically ranges from R12,000 – R15,000, while a complete patent costs between R25,000 – R30,000, depending on complexity.
1. What is a Patent?
A patent is a form of intellectual property (IP) protection that grants the inventor exclusive rights to their invention for a specific period—usually 20 years from the filing date. In exchange, the inventor must publicly disclose the details of the invention.
To be patentable, an invention must meet three key 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 have a practical use in an industry.
Examples of patentable inventions include new machines, chemical formulas, software algorithms, and medical devices. However, ideas, natural discoveries, and mathematical theories cannot be patented.
2. Types of Patents
There are two main types of patents that you can apply for in South Africa:
🔹 Provisional Patent (R12,000 – R15,000)
A provisional patent is a temporary protection that lasts for 12 months. It allows you to claim priority while refining your invention. This is an essential first step if your invention is still under development.
🔹 Complete Patent (R25,000 – R30,000)
A complete patent provides full legal protection and lasts for 20 years. It must be filed within 12 months of the provisional patent to secure long-term rights.
At Burger Huyser Attorneys, we assist in both provisional and complete patent applications, ensuring that your invention receives strong legal protection.
3. Benefits of a Patent
A patent provides numerous advantages, making it a valuable investment for inventors and businesses:
✅ Exclusive Rights – Prevents others from copying or profiting from your invention.
✅ Competitive Advantage – Strengthens your market position and deters competitors.
✅ Increased Business Value – A patented invention can attract investors and increase company valuation.
✅ Revenue Generation – You can license your patent to others and earn royalties.
✅ Legal Protection – A patent provides grounds for legal action against infringement.
By securing a patent, you ensure that your hard work and innovation are legally protected, allowing you to capitalize on your ideas without fear of imitation.
4. The Patent Application Process
Applying for a patent involves several legal and technical steps. At Burger Huyser Attorneys, we simplify this process, guiding you through each stage:
Step 1: Initial Consultation
We assess whether your invention qualifies for a patent and discuss the best strategy.
Step 2: Patent Search (Optional but Recommended)
A patent search helps determine if similar patents already exist, reducing the risk of rejection.
Step 3: Drafting & Filing a Provisional Patent (R12,000 – R15,000)
A provisional patent secures your filing date and gives you 12 months to refine your invention.
Step 4: Filing a Complete Patent (R25,000 – R30,000)
Before the provisional patent expires, we draft and file a complete patent, ensuring full protection.
Step 5: Examination & Approval
The patent office reviews your application, and once approved, your patent is legally enforceable.
By working with Burger Huyser Attorneys, you ensure that your patent application is correctly drafted and legally sound, increasing the chances of approval.
5. How Much Does a Patent Cost?
The cost of obtaining a patent varies based on complexity. Here’s a general breakdown of costs in South Africa:
| Patent Type | Estimated Cost | Duration |
| Provisional Patent | R12,000 – R15,000 | Valid for 12 months |
| Complete Patent | R25,000 – R30,000 | Valid for 20 years |
| Patent Search (Optional) | R5,000 – R10,000 | Helps avoid rejection |
These fees include legal drafting, filing, and consultation. More complex inventions may require additional legal work, affecting final costs.
6. Why Choose Burger Huyser Attorneys for Your Patent Needs?
At Burger Huyser Attorneys, we specialize in patent law and intellectual property protection. Our expert attorneys ensure that your invention is properly protected, helping you secure exclusive rights over your innovation.
🔹 Expert Legal Guidance – Our experienced patent attorneys handle all legal complexities.
🔹 Comprehensive Patent Services – From initial consultation to final approval.
🔹 Competitive Pricing – Transparent fees with no hidden costs.
🔹 Personalised Strategy – Tailored patent solutions for your business needs.
If you have an innovative idea, don’t risk losing your intellectual property rights. Contact us today for a consultation.
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
