SANi Patent – The best option for Africa
Why Africa?
Africa is the continent with the second highest population and the highest population growth:
It is forecast to become the most populous continent:
“Africa is a young continent – the youngest in the world with 60% of the population under the age of 25.”
Africa is also a large continent – larger than most of the world’s richest countries put together:
“By 2050, one in four humans, a quarter of the world’s population, and one in three working-age people, will live in Africa.”
With smartphone penetration expected to reach 50% by 2030:
40% of Africa’s population is expected to engage in online commerce by 2025 – an increase from just 13% in 2017:
Africa is no longer a continent one can continue to ignore from a patent perspective.
African patent options – SANi, ARIPO, OAPI
The easiest way to secure patent protection in Africa is through:
- a SANi combination patent;
- an ARIPO patent; and/or
- an OAPI patent.
There is no territorial overlap between these three patent options.
The SANi patent covers countries with a greater total GDP than ARIPO and OAPI patents combined.
And, whereas, ARIPO and OAPI patents are subject to substantive examination, SANi patents are only subject to formal examination, making SANi patents much quicker, easier and cheaper to prosecute to grant.
The SANi Patent is a combined South African and Nigerian patent, covering 44% of Sub-Sahara African GDP and a population of 291 million. It is a patent product created by S&Z and GlobalIPCo (not by Treaty).
SANi patents are filed by the top patent filing firms in South Africa (S&Z) and Nigeria (Crown & Shields) and processed through the GlobalIPCo platform – a leading patent platform for Africa.
Growth of SANi patents
In 2021, only 1.44% of PCT applicants chose to file national phase patents in South Africa (the most popular African national phase country).
However, by:
- coupling the two economic powerhouses of Sub-Saharan Africa;
- simplifying the patent process;
- integrating the GlobalIPCo patent platform with online systems of African patent offices;
- significantly reducing the lifetime patent cost;
- shortening the time to grant; and
- enabling pre-payment of all patent renewals for the 20-year period,
the SANi patent contributed to the recent exceptional patent growth in both South Africa and Nigeria.
The benefits of SANi Patents are:
- no substantive examination – guaranteed patent grant within 3-9 months;
- fixed, low cost from filing to courier of certificate;
- option to pay all 20 years of renewals upfront; and
- single instruction and payment.
Basically, “file and forget” … and, if during the next 20 years the applicant needs it, it’s still there.
How to file a SANi patent
Simply email the PCT/WO number to info@snz.co.za by the 30 month national phase deadline. S&Z will return forms for signature. Only a scanned copy of the signed forms is required. If the PCT patent is not in English, an English translation of the patent specification (with translator’s notice) is also required.
After filing, S&Z will send a single invoice that covers all costs from filing to courier of the certificates of grant.
Notes:
- Whereas the South African national phase patent specification must (on filing) mirror the patent specification on file at WIPO, voluntary amendments may be made to the Nigerian national phase patent on filing at no additional cost.
- S&Z does not charge to extend the deadline for filing a South African national phase patent to 34 months – the fixed cost for a South African patent remains $475 (filing to courier of the certificate of grant). Marketing South African national phase patents during the 31-34 month period significantly increases the chance of national phase entry into South Africa. Unfortunately, the 30 month deadline for filing Nigerian national phase patents cannot be extended.
SANi costs
| Filing to courier certificates of grant (South Africa and Nigeria): | $875 |
| Renewal “to term” (20 years) (South Africa and Nigeria): | $875 |
| Responding to office actions | Free |
| Requesting accelerated acceptance in South Africa | Free |
| Acceptance | Free |
| Publication of acceptance | Free |
| Issuance of certificate | Free |
| Courier | Free |
| Late lodge documents | Free |
| Requesting extension of time to enter South African national phase from 31 to 34 months | Free |
Amendment
South African and Nigerian patent law permits amendments after grant, provided the amendment does not broaden the scope of the claims.
Since most amendments made to align South African / Nigerian patent claims with those of corresponding examined and granted EU / US patent claims are expected to have the effect of narrowing the scope of the South African / Nigerian patent claims, an option is to permit the South African and Nigerian patents to proceed to grant (without any request to delay acceptance), unamended. Thereafter, should the applicant wish to institute infringement proceedings in South Africa or Nigeria, before instituting proceedings, the South African and Nigerian patent claims could be amended to align them with corresponding examined and granted patent claims.
S&Z’s South African patent amendment costs:
- Pre-grant amendment of a South African patent: $250
- Post-grant amendment of a South African patent: $300
About South Africa
Main industries: Mining (world’s largest producer of platinum group metals, gold, chromium), Automobile manufacturing, Metalworking, Technology, Machinery, Textiles, Iron and steel, IT, Chemicals, Fertiliser, Foodstuffs, Manufacturing and Commercial ship repair.
Population: 63 million (2023).
GDP: $381 billion (2023).
In 2024, pharmaceutical patents accounted for just over a quarter of South African patent filings, followed by Computer technology, Chemical engineering, Mechanical engineering (special machines), Civil engineering and Biotechnology.
About Nigeria
Main industries: Cement, Oil refining, Construction and construction materials, Food processing and food products, Beverages and tobacco, Textiles, Apparel and footwear, Pharmaceutical products, Wood products, Pulp paper products, Chemicals, Ceramic products, Plastic and rubber products, Electrical and electronic products, Base metals: iron and steel, Information technology, Automobile manufacturing.
Population: 228 million (2023).
GDP: $364 billion (2023).
About S&Z
Sibanda & Zantwijk was formed in 2007 and is the largest filer of South African patents (2022, 2023, 2024). S&Z filed 7,412 South African patents during 2022-2023 with a +99% grant rate. The firm manages renewal of +13,000 patents and is the leading South African firm for IP structuring and transfer pricing.