How to patent an idea in South Africa
To patent an idea in South Africa is surprisingly affordable and quick.
What can you patent?
An idea on its own cannot be patented, but the invention behind it can: a new product, process or method that is not obvious to someone working in the field. See what can I patent?
Step 1: Check that your invention is new
Before filing, search for similar patents and products. You can conduct a patent search using AI in a few minutes.
Step 2: File a provisional patent
You can file a South African provisional patent application online for only $49 through GlobalIPCo or $99 through Iptica. Use our provisional patent drafting and filing guide.
After filing your provisional patent application, you can freely disclose your idea to anyone – start discussions with manufacturers, speak to potential funders, conduct market research, and sell some prototypes.
Step 3: File the complete patent within 12 months
The provisional patent holds your filing date for 12 months. Before it expires, file a complete South African patent – and, for protection abroad, a PCT application – claiming that date.
See our article summarising patent costs.
(*Estimated costs)
Step 4: Acceptance and grant
South Africa does not examine patents for novelty before grant, so a complete patent is usually accepted within months – and acceptance can be accelerated.
2 thoughts on “How to patent an idea in South Africa”
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Good day, I have a design/product I would like to patent but would like to enquire as to if I patent it in South Africa, does that mean that the idea can be used and manufactured in other countries? Or how would I go about ensuring it cannot be used internationally?
Thanks
Hi Ashvir
Patents are territorial. So, if you require patent protection in the US, you will need ultimately to file a patent in the US. But, to start, you need first to file a South African provisional patent. This will reserve your right to file patents in most countries for a period of 12 months. If you wish to extend this to 30 months, you must file a PCT / International patent by the first anniversary of filing your South African provisional patent. But, bear in mind that a PCT patent only reserves your right to file patents in most countries for a further 18 month period. It does not actually mature into an “international patent”. By the 30th month from filing your South African provisional patent, you will need to file “national phase” patents in the US, EU, SA and other countries in which you intend to obtain patent protection. The validity of these “national phase” patents will be tested as at the date of filing your original South African provisional patent.
But, don’t worry too much about the 30 month delay in filing foreign patents. If someone in the US starts copying your idea a month after filing your SA provisional patent, you can immediately file a US patent without having to wait the full 12 / 30 months.