SANi Patent – South Africa & Nigeria Combination Patent
To obtain patent protection in Africa, your best options are to file:
- a SANi Patent (South Africa & Nigeria Combination Patent);
- an ARIPO Patent (Regional patent); and
- an OAPI patent (Regional patent).
| SANi Patent | ARIPO Patent | OAPI Patent | |
|---|---|---|---|
| GDP | Highest | Middle | Lowest |
| Population | Middle | Highest | Lowest |
| Examination | No | Yes | No |
| Time to grant | 4 months | + 48 months | + 18 months |
| “Renewal to term” | Yes | No | No |
| Cost | Lowest | Highest | Middle |
Of the three options, the SANi Patent (with a GDP of $734 billion – more than ARIPO and OAPI Patents combined) offers the most value.
SANi Patent Cost
Since SANi Patents are not examined, the cost from filing to courier of the patent certificate is fixed. Furthermore, SANi Patents may be “renewed to term” (i.e. all renewal annuities for the entire 20 year term may be paid upfront) at heavily discounted rates:
| SANi Patent | Cost (S&Z) |
|---|---|
| Filing to courier of certificate | $ 875 |
| Renewal “to term” (20 years) | $ 875 |
| Total | $ 1,750 |
If the SANi Patent is “renewed to term”, there are no further costs for the life of the patent.
How to file a SANi Patent
Simply email the PCT / WO number to S&Z or use the GlobalIPCo online filing system. S&Z is the largest filer of patents in Africa, filing about 5,000 patents per year.
Note: Pricing is reduced if law firms use the GlobalIPCo online filing system.
Amendment of SANi Patents
Both South African and Nigerian patent law permits amendment of patents after grant, provided that the scope of the claims is not increased. As such, most applicants allow SANi Patents to proceed to grant without amendment and, in the unlikely event that infringement action is to be launched, amend the SANi Patent claims just prior to instituting infringement proceedings. This simplifies the SANi patent process and reduces costs to delay acceptance and effect the amendment.
Renewal of SANi Patents
by pre-paying all SANi patent renewals (whether on filing or thereafter), total renewal costs are reduced by more than 80%. This also reduces the risk of the SANi patent unintentionally lapsing.
SANi Patents that are “renewed to term” are referred to as SANi Vicennial Patents.
[The SANi patent is not the creation of a Treaty]