SOUTH AFRICA – Patents, trademarks and designs

South Africa patent

South African national phase patents may be filed up to 31 months from the priority date of the patent application. A further 3 month extension is available on payment of a nominal fee. The cost to file a South African patent is US$585. This covers all costs up to and including grant. Alternatively, instruct a South African national phase patent filing online through GlobalIPCo for only $399.

To file a South African national phase patent, we are required to submit the following documents:

• details of the applicant;
• original signed Forms P3, P26 and Power of Attorney, signed by the applicant. Note that legalization or notarization is not required;
• a copy of the patent specification in English; and
• a copy of the assignment (if any). Note that legalization or notarization is not required.

The South African patent office does not examine the patent as to novelty or inventiveness. Provided the forms are in order, the patent will be granted. Once granted, the patent will remain in force (with annual maintenance fees from the fourth year onwards).

South African patent law does not require marking or use of the patent within South Africa.

South Africa trademark

South Africa recognises Goods, Service, Certification and Collective marks. However, each South African trademark application may be filed in respect of one class only.

To file a South African trademark, we are required to submit the following documents:

• details of the applicant;
• a Power of Attorney. Note that legalization or notarization is not required;
• a representation of the mark;
• a description of the goods or services; and
• a certified copy of the priority document.

South African trademark registrations remain in force for periods of 10 years, renewable indefinitely.

South African trademark law does not require marking. However, it is suggested that the applicant use the trademark within South Africa during a five year period of registration.

South Africa design

Although South African design law requires absolute novelty, one may claim a “release date” not more than 6 months prior to filing.

Generally, a South African design may include only a single embodiment. Furthermore, the applicant will need to decide whether to file Type A, Type F or both Types of designs. Type F designs protect features of shape that are necessitated by their function, whereas Type A designs protect features of the design that have eye-appeal. Our cost to file a South African design is US$600 for the first design and US$250 for additional designs (with the same drawings). These fees cover all costs up to and including grant of the designs.

To file a South African design, we are required to submit the following documents:

• details of the applicant;
• original signed Form D3 and Power of Attorney, signed by the applicant. Note that legalization or notarization is not required;
• drawings / images of the design;
• description of articles to which the design is to be applied;
• a copy of the assignment (if any). Note that legalization or notarization is not required; and
• a certified copy of the priority document.

Unlike most other jurisdictions, South African design law permits the applicant to highlight / explain specific features of the design in the “explanatory statement”.

Once granted, the South African design will remain in force for: Type F designs – 10 years; Type A designs – 15 years (with annual maintenance fees from the fourth year onwards).

South African design law does not require marking or use of a design.