Register a patent

Types of patents

• Provisional patent
• South African complete patent
• PCT / International patent
• National phase patent

Provisional patent

When? You’ve invented something, but still need to develop it further before crystalising it in a complete patent.

Cost? $49, if you register a South African provisional patent online.

Can I do this myself? Yes, if you follow our guide, you should easily be able to draft and file the provisional patent yourself. Also consider using AI to draft your provisional patent and drawings. By making provisional patents easy to self-draft, AI has reversed the 20-year decline in the number of provisional patents filed:

Protection? The day you file your provisional patent is the date on which the validity (i.e. novelty and inventiveness) of your complete / national phase patent is tested. The provisional patent also reserves your right to file patents in 175 countries for 12 months.

After filing a provisional patent, you can disclose your invention to anyone without concluding a NDA. You can even sell your new product.

Use the next 12 months to develop your invention further.

However, you cannot sue anyone for infringement. To do this, you will need to register a complete / national phase patent.

Next step? File a PCT / International patent if you wish to secure enforceable patent rights in South Africa and other countries, or file a South African complete patent if you wish to secure patent rights in South Africa only.

The PCT patent must be filed within 12 months of filing the provisional patent.

The South African complete patent must be filed within 12 (extendable to 15) months of filing the provisional patent.

Complete patent

When? If you are a South African, you should file a South African complete patent within 12 months of filing a provisional patent (extendable to 15 months).

Cost? Depends on the patent firm you choose to draft the patent. Expected cost: R10,000-R25,000.

The top South African patent firms use AI to draft patents. S&Z and GlobalIPCo are developing an AI patent drafting tool that will significantly reduce the cost of South African complete patents.

Can I do this myself? No. South African complete patents can only be filed by South African patent attorneys.

Protection? Prevents others from making, importing, selling or using a product or exercising a method that is covered by one of your complete patent claims for up to 20 years.

Next step? Renew your complete patent.

PCT patent

When? Within 12 months of filing a provisional patent.

Cost? From about R11,000 to about R100,000, depending on who files the PCT patent and the search office selected.

Can I do this myself? Yes, but most applicants file PCT patents through patent attorneys.

Protection? No, but the PCT patent further extends your right to secure patent rights in 159 countries until 30/31 months from the priority date (i.e. date of filing the provisional patent) by filing national phase patents.

Benefit? Delays the cost of filing patents in countries you wish to secure patent protection by up to 18 months. You will also receive search and examination reports and be able to amend your patent before filing national phase patents.

Next step? File national phase patents by the 30/31 month deadline (calculated from the date of filing your provisional patent).

The number of PCT patents filed by South Africans has steadily declined since 2008:

National phase patent

When? By 30/31 months of the date of filing a provisional patent (if you have filed a PCT patent), extendable to 34 months for South Africa.

Cost? $399 to file a South African national phase patent online.

Can I do this myself? Yes. South African national phase patents are very easy to file and prosecute to grant.

Protection? Prevents others from making, importing, selling or using a product or exercising a method that is covered by one of your national phase patent claims for up to 20 years.

Next step? Renew your national phase patent.

The significant increase in African patents since 2020 has largely been due to S&Z / GlobalIPCo automating African patent filings and significantly reducing patent costs: