Requirements to file a South African Patent, Trademark and Design

OPTIONS

Traditional option: Email the required information and documents to us, and we will prepare: forms for signature; and the application for filing. Cost: US$585.

Online option: Register with GlobalIPCo, complete the application form, download documents for signature and file the application. Filing cost: US$399 (discount available for law firms), Registration cost: US$70, (optional) Courier cost: US$110.

NEW INSTRUCTOR

For each new instructor, we require the instructor’s:

• Name
• Email
• Address

PATENTS

National phase patent application

(i.e. a South African patent application that flows from a PCT / International patent application)

Deadline: 34 months from the earliest priority date / PCT filing date

Inputs

• Instructor reference
• Title (of patent)
• PCT patent number
• WO number (i.e. PCT publication number) – if not yet published, leave blank
• PCT filing date
• Whether PCT application is in English or another language
• International Patent Classification
• Abstract
• Whether Article 19 or 34 amendments were made to the PCT patent application
• Applicant’s name
• Applicant’s physical address
• Whether applicant is a natural person or legal entity
• If applicant is a legal entity: signatory name and capacity (can leave blank my adding a space, if not available)
• Inventors’ names
• Inventors’ country of residence
• If priority is claimed:
  • Priority number
  • Priority date
  • Priority country
  • Whether priority document was lodged with WIPO
  • Whether priority document was lodged in English

Note: We only require the instructor reference and PCT number. We extract the rest of the inputs from the WIPO website, as the South African national phase patent application must (on filing) mirror the PCT application on file at WIPO

Documents

• Signed Forms P3, P26, Power of Attorney and Deed of Assignment (if inventor is not the applicant) – these are generated by the system and sent to the instructor for signature. A scanned copy of the signed documents is required
• Published PCT application. If not published, a copy of the PCT application, as filed must be provided by the instructor
• If the PCT specification is not in English:
  • An English translation of the PCT specification
  • A notice from the translator confirming that the translation is “true and correct”
• Abstract drawing (typically selected by us from the drawings provided)
• If the priority document was not lodged with WIPO:
  • A copy of the priority document
  • If the priority document is not in English:
    • An English translation of the priority document
    • A notice from the translator confirming that the translation is “true and correct”
• Whether priority document is in English
• If an article 19 amendment was made: a copy of the Art 19 amended pages
• If an article 34 amendment was made: a copy of the Art 34 amended pages

Convention patent application

(i.e. a South African patent application that flows from a foreign priority document)

Deadline: 12 months from the earliest priority date

Inputs

• Instructor reference
• Title (of patent)
• International Patent Classification
• Abstract (in Word format, this is typically included in the copy of the complete patent specification)
• Abstract drawing
• Applicant’s name
• Applicant’s physical address
• Whether applicant is a natural person or legal entity
• If applicant is a legal entity: signatory name and capacity (can leave blank my adding a space, if not available)
• Inventors’ names
• Inventors’ country of residence
• Priority number
• Priority date
• Priority country
• Whether priority document is in English
• If the priority document is not in English:
  • English translation of the priority document
  • A notice from the translator confirming that the translation is “true and correct”

Documents

• Signed Forms P3, P26, Power of Attorney and Deed of Assignment (if inventor is not the applicant) – these are generated by the system and sent to the instructor for signature. A scanned copy of the signed documents is required
• A copy of the South African complete patent specification (in Word, with drawings)
• Abstract drawing (typically selected by us from the drawings provided)
• A copy of the priority document
• If the priority document is not in English:
  • English translation of the priority document
  • A notice from the translator confirming that the translation is “true and correct”

Note: The South African complete patent specification must be revised as follows:

• Our signature and firm name must be added at the end of the claims
• Our signature must be added to the bottom right of each drawing page

Complete patent application (in the first instance)

(i.e. a South African patent application not claiming any priority)

Deadline: To be filed before the invention is publicly disclosed

Inputs

• Instructor reference
• Title (of patent)
• International Patent Classification
• Abstract (in Word format, this is typically included in the copy of the complete patent specification)
• Abstract drawing
• Applicant’s name
• Applicant’s physical address
• Whether applicant is a natural person or legal entity
• If applicant is a legal entity: signatory name and capacity (can leave blank my adding a space, if not available)
• Inventors’ names
• Inventors’ country of residence

Documents

• Signed Forms P3, P26, Power of Attorney and Deed of Assignment (if inventor is not the applicant) – these are generated by the system and sent to the instructor for signature. A scanned copy of the signed documents is required
• A copy of the South African complete patent specification (in Word, with drawings)
• Abstract drawing (typically selected by us from the drawings provided)

Note: The South African complete patent specification must be revised as follows:

• Our signature and firm name must be added at the end of the claims
• Our signature must be added to the bottom right of each drawing page

DESIGNS

Deadline: to be filed within 6 months of first public disclosure or the earliest priority date

Inputs

• Instructor reference
• Title (i.e. article name)
• Whether it is an Aesthetic of Functional design (to be advised by us)
• Whether to protect shape, pattern, configuration and/or ornamentation (to be advised by us)
• Whether portions of the drawings are shown in dotted lines (as evident in the drawings provided)
• Explanatory statement (typically left blank)
• Classification
• Applicant’s name
• Applicant’s physical address
• Whether applicant is a natural person or legal entity
• If applicant is a legal entity: signatory name and capacity (can leave blank my adding a space, if not available)
• Designers’ names
• Designers’ country of residence
• If priority is claimed:
  • Priority number
  • Priority date
  • Priority country
• If release date is claimed: date of first public disclosure

Documents

• Signed Forms D3, Power of Attorney and Deed of Assignment (if designer is not the applicant) – these are generated by the system and sent to the instructor for signature. A scanned copy of the signed documents is required
• A copy of the drawings (in PNG, JPG, JPEG or GIF)
• Abstract drawing (typically selected by us from the drawings provided)
• A copy of the priority document

Note: Our signature must be added to the bottom right of each drawing page

TRADEMARK

Deadline: None, but if priority is claimed, to be filed within 6 months of priority claim

Inputs

• Instructor reference
• Whether it is a WORD mark or a LOGO / IMAGE mark
• If a word mark: the word
• If a logo / image mark: a copy of the logo / image
• Classification
• Applicant’s name
• Applicant’s physical address
• Whether applicant is a natural person or legal entity
• If applicant is a legal entity: signatory name and capacity (can leave blank my adding a space, if not available)
• If priority is claimed:
  • Priority number
  • Priority date
  • Priority country

Documents

• Signed Power of Attorney – this document is generated by the system and sent to the instructor for signature. A scanned copy of the signed document is required
• A copy of the logo / image (if required)
• A copy of the priority document