South African Patent, Trademark & Design Registration (Online)
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About usIdeaNav is a company wholly‐owned by Sibanda & Zantwijk Patent Attorneys ‐ a South African registered law firm established in 2007. All patents, trademarks and designs are filed and prosecuted to grant by S&Z’s registered patent and trademark attorneys: Anthony van Zantwijk (BSc(Civ)Eng, LLB, LLM(Tax), Patent Attorney) Paulo Lopes (BSc(Mech)Eng, MSc(Mech)Eng, LLB, HDip(Tax), Patent Attorney) Taya Lombard (LLB, Trademark Attorney) We are able to offer incredible patent, trademark and design pricing through use of the GlobalIPCo online filing system, which is wholly integrated with the South African Patent & Trademarks Office (CIPC) electronic filing and management system. South African patent applicationsNational Phase Patent ApplicationS&Z is the #1 filer of South African patents, filing about 5,000 patents in 2022. S&Z offers the following South African PCT national phase patent filing options:
South African national phase patent applications should be filed by the 31 month deadline (calculated from the priority date). However, this deadline may be extended to 34 months without charge. Note: South Africa requires the national phase patent application to be filed using the same specification and applicant details as “on file” with WIPO. Any amendment, change of name or address of applicant, or assignment is effected only after filing the South African national phase patent application. The South African Patent Office does not conduct substantive examination of patents. As long as the South African national phase patent application has properly been filed, it will be granted. South African national phase patent applications are typically accepted within 6 months of filing. Advertisement takes place 1-3 month following acceptance. Upon advertisement, the patent is deemed to be granted. The patent registration certificate is typically received within 2 months of publication. South African national phase patents are renewed annually from the third anniversary of the PCT filing date. The estimated renewal cost is about $35 per annum. Tip: Should the patent claims require amendment, it is better to file an amendment before grant than after grant. Our fixed cost to prepare, file and process an amendment is $250 pre‐grant and $300 post‐grant. Convention Patent ApplicationAll South African convention patent applications (i.e. claiming priority from a non‐South African patent application and filed within 12 months of the priority application without passing through the PCT system) are processed manually at a cost of $585. Prosecution of a South African convention patent application is similar to a South African national phase patent application, provided that renewals are payable annually from the third anniversary of the South African patent filing date. Law firms may file South African convention patents through the GlobalIPCo system. South African trademark applicationsS&Z offers the following South African trademark filing options:
Prior to filing the South African trademark, we could conduct a South African trademark registrability search for $330. Note: South Africa permits only one class per trademark application. No additional costs are payable for claiming priority (which can be claimed using either the manual or online filing options). An examination report is typically issued within 9‐12 months of filing a South African trademark application. Acceptance typically takes 15‐20 months, whereafter the trademark application is advertised and lies open to opposition for a 3 month period. Within 6‐8 months of publication, we should receive the trademark (electronic) registration certificate. South African trademarks are renewed every 10 years from the South African trademark filing date. The estimated 10‐year renewal cost is $65. South African design registrationsS&Z offers the following South African design filing options:
Note: South Africa permits only one class per design application, and differentiates between “Aesthetic” and “Functional” designs ‐ Aesthetic designs protect features of shape that have been selected due to their aesthetic appeal; whereas Functional designs protect features of shape that have been dictated by the function the article is to perform. No additional costs are payable for claiming priority (which can be claimed using either the manual or online filing options). South African design applications are typically accepted within 2-9 months of filing. Advertisement takes place 1-3 months following acceptance. Upon advertisement, the design is deemed to be granted. The design registration certificate is typically received within 2 months of advertisement. South African design registrations are renewed annually from the third anniversary of the South African filing date or priority date (whichever is earlier). The estimated renewal cost is $35 per annum. |
South African Online Filings
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