How To Patent An Idea In South Africa

Find Below is How To Patent An Idea In South Africa

Register as a Customer

To view information on how to register as a customer

If you are already registered as a customer and know your customer code and password, proceed to step 2.

Deposit funds

  • Deposit the application fee as follows: 

For a provisional patent application R60;

For a complete patent application R590;

For a PCT national entry application R590;

For a PCT international phase application fees has to be calculated by the CIPC official responsible for the PCT Receiving Office.  (mmashego@cipc.co.za)

Pay the amount due into the CIPC bank account using your customer code as a reference.

The proof of payment must reach us on or before the date that you apply.

Conduct a Search

Each patent document has a unique identifying number and includes a detailed description of an invention, usually with drawings, and information about the inventor and applicant.  Before applying for patent protection, you must make sure that what you have created is indeed an invention and does not fall in categories that are excluded from patent protection.

A Patent search is conducted to ensure that no existing patents are being infringed and that the invention is new/novel (S25 of Patent Act).

Although this initial search is not compulsory it is advisable.

The search for the South African Granted Patents can be conducted in the CIPC Office or online by using the following link: patentsearch.cipc.co.za

Please note that the requirement for novelty means that the invention must be new at the priority date of the invention anywhere in the world – not known through written or oral public disclosure or through use. Therefore a search for novelty must include the patents granted or any other related publications abroad on a national and international level (such as European Patent Office, Patent Co-operation Treaty (PCT) published applications). 

In order to perform a patent search in the worldwide patent databases, go to www.WIPO.int to browse the PCT applications and the National Patent Collections. The search should include offices that have the biggest number of patent applications such as the United States Patent Office, the Japanese Patent Office, the Australian Patent Office, the Canadian Patent Office, the Korean Patent Office, etc.   

The above-mentioned countries Intellectual Property office websites are available on the WIPO website. 

A Patent search can be undertaken by the applicant/inventor or by the patent attorney.

Performing a search prior to applying is vital as it helps you to:

determine whether you can protect your IP i.e. does your invention meet the various requirements for the successful grant of a patent?

determine whether you are infringing someone else’s IP

learn about the competition or for research purposes

determine who owns an item of IP

check that your IP is not being infringed

obtain product information on your competitors

At present, our patent database is available on the WIPO website on PatentScope under National Patent Collections and on the CIPC website under “Public Patent Search” click here. Please bear in mind that this database is not yet complete, as not all patent documents are included.  For the missing information, use the Paper-Based Patent Disclosure Office in 202 Esselen str, Second Floor. Obtaining Competitive Product InformationUsing the International Patent Classification to Search (IPC)

Apply for your patent

There are three ways in which you can apply for a patent manually or electronically.  For electronic filing of patent applications, please go to IP E-Services / E-filing Sign-in.

File a provisional application – This may be undertaken by the applicant with or without the assistance of an attorney.

File a complete application – This must be signed by a patent attorney.

File a PCT (Patent Cooperation Treaty) application (if applicable).

PCT International Phase application

PCT National Phase application

File a Provisional Patent ApplicationFiling a Complete Patent ApplicationFiling a Patent Cooperation Treaty (PCT) International ApplicationDiagram of the Registration Procedure

Registration of a Patent

Once a complete patent application or PCT national entry has been lodged, the formal examination is performed after 6 months.

If all the formalities have been complied with, the application is accepted.

The applicant is then required to advertise his/her patent in the Patents Journal, published monthly by CIPC in electronic format. The date of publication of the advertisement is deemed to be the date of registration.

2 months after publication in the Patent Journal a certificate is issued.

How much does it cost to patent an idea in South Africa?

It only costs R19,950 (exclusive of vat) to file a provisional patent in South Africa through a patent attorney.

An alternative is to file your own provisional patent application online for only $199. In 12 months’ time, you can file a PCT / international patent application at a cost of only approx. R45,000.

How long does it take for a patent to be approved in South Africa?

When you have returned the signed form P3 and approved the patent application, your provisional patent will be filed at the South African patent office. The process generally takes two weeks.