South Africa patent registration is a simple, quick, and affordable process. Before you start, it’s better if you do a patent search. That way, you’ll know the unique features that your inventions can offer to the market.
After searching, you can now start thinking about getting a patent. In this article, we’ll discuss the patent application process in South Africa. Read on and find out more.
Getting a patent involves two steps that you should do 12 months apart. The South African Patent Office will determine whether you have the necessary documents for the application. That’s why you need to submit the forms, specifications, and diagrams when applying.
Here are the steps on how to register a South African patent:
To claim the rights to your innovation at the earliest possible date, make sure to file a provisional application in South Africa. As soon as you submit the provisional patent, you need to take additional steps within 12 months. That will ensure that your application finishes without any problems.
After filing the provisional application, submit a complete application. You can file this in South Africa as well as the other countries where you need protection for your patent. Take note, your invention should fulfill three basic requirements mandated by the South African law.
Here are the three basic requirements all patent applications should have. It must be:
This requirement is absolute. It means if you disclose this invention anywhere before the patent’s filing date in South Africa, it will void your invention’s novelty. With that, you forfeit the rights for patenting the invention.
To know whether your patent is novel, you can ask for professionals to search patent databases. It’s a useful step before you start spending on the filing fees only to end up getting rejected. This is optional, but it’s recommended if you don’t want to waste time and money on a hopeless endeavor.
In some cases, inventions with similarities with your patent can appear in literature like patent specifications. For your application to be inventive, the patent office needs to determine whether your invention stands out from the others.
Qualifying inventions should have practical applications. That means if your patent has no tangible applications in agriculture, industry, and trade, it can’t get patent protection under the South African laws.
It’s important to safeguard your idea since patents in South Africa will only get a grant if they’re new, inventive, and useful.
Do you need more help in your South Africa patent application? If so, you can contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and South African patent application.
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