Renewal of a Patent must be done every year starting from the end of the 3rd year from the filing date for the duration of the patent.
Renewal request to be filed on form P10. Please remember that you have to write your CIPC customer code on the form P10.
Renew every year on or before the expiration of the 3rd year from the filing date. You can also pay the renewal fee plus fine within 6 months after the due date. Thereafter your patent will lapse due to non-payment of the renewal fee. To restore it, you will have to follow a restoration procedure in terms of the Patent Act and the Regulations thereof.
A patent is renewable up to the expiration of its term, i.e within 20 years from the filing date. Thereafter it expires irrevocably.
The amount due for the respective renewal fee can be seen from item 7 of the Patents Table of Fees.
In case the payment has been delayed but no longer than 6 months from the due date, item 6 of the patents Table of Fees applies and a fine of R90 must be paid for the first month plus R50 thereafter for each month or a part thereof ( not exceeding five months) in addition to the renewal fee.
In case the delay in payment of a renewal fee is more than 6 months, the patent will lapse and can be restored by completing a request for restoration in terms of section 47(1)[ Reg. 49] and payment of restoration fee of R282, accompanied by an affidavit stating the reasons for the delay. The decision for restoration is discretionary.
If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes. If the request for restoration is not opposed within 2 months from the date of publication in the patent Journal, CIPC will restore the patent upon payment of the outstanding renewal fees.
The office calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, the Office will wait for the outcome of the opposition proceedings and will follow the court order thereof.
How do I get my CIPC certificate?
Visit the CIPC website www.cipc.co.za, and click on Download certificates. Select Forgot Password if you require your customer password to be resend to you. 8. The next screen will confirm that the certificate has been sent to the e-mail address on the customer profile.
How long does it take to get certificate from CIPC?
BusinessNeeds Online™ will help you to obtain a Certificate within 24 Hours
How do I renew my CIPC certificate?
Renewal request to be filed on form P10. Please remember that you have to write your CIPC customer code on the form P10. Renew every year on or before the expiration of the 3rd year from the filing date. You can also pay the renewal fee plus fine within 6 months after the due date.