Analysis of South African patents filed in 2024

2024 reinforced the significant change in South Africa’s patent landscape since the pandemic.

Provisional patents

South African provisional patents are generally filed only by South African inventors, as the first step of the patent process. The number of provisional patents filed is a barometer of:

• the R&D activity within South Africa; and
• the number of foreign patents that South African patent firms expect to file in 2.5 years’ time (i.e. following the PCT phase).

The pandemic saw a +40% decline in the number of South African provisional patents. This low filing rate persisted in 2024.

The majority of South African provisional patents are filed by inventors directly (i.e. not through patent law firms).

The decline in South African provisional patent filings is largely attributable to:

• South African companies moving offshore. For instance, in 2000 Anglo American and De Beers filed 26 provisional patents, whereas in 2024, they filed 0.
• South African multinational companies reducing their R&D budget. For instance, in 2003, Sasol filed 35 provisional patents, whereas in 2024, Sasol filed 1.
• Universities’ funding being redirected to other initiatives (e.g. building of residences and student grants). For instance, in 2014, South African universities filed 130 provisional patents, whereas in 2024, they filed 29.
• Small companies and individual inventors continuing to feel the financial stress triggered by the lockdown and high interest rates.

Complete patents

In contrast to the provisional patent trend, the filing trend for South African complete patents is positive.

The number of South African complete patents (i.e. direct complete, convention and PCT national phase patents) increased by 32% since the beginning of 2020.

For a third year in a row, S&Z is the top filer of South African patents.

Most South African complete patents (34%) are filed by Chinese applicants, followed by applicants from the US (22%), United Kingdom (6%) and India (4%).

Whereas the total number of South African complete patents has increased by 32% since 2019, the number of South African complete patents filed by South African applicants has decreased by 38% – the decline in South African provisional patent filings by South African applicants is now reflected in their South African complete patent filings.

Interestingly, the largest increase in South African complete patent filings are by the major BRICS countries – China (339%), Russia (412%) and India (268%).

The main reasons for the increase in South African complete patent filings are:

• The SANi Combination Patent, which couples a South African patent with a Nigerian patent to cover 44% of Sub-Sahara African GDP for only $875;
• Significantly reduced cost to file South African patents – since 2019, new online systems have reduced the cost of South African national phase patents to below $300 (filing to courier of the certificate, GlobalIPCo’s discounted price for law firms); and
• Vicennial Renewals, which pre-pay all renewals for the 20 year period of a South African patent for only $385.

Together, these three options are steadily attracting the 98.6% of PCT patent applicants that previously ignored Africa – the potential for further growth is still substantial.

South African complete patents show that innovative new patent options can reverse a negative trend and materially increase patent filings.