There is no patent examination in South Africa. That’s to say, there is not an authority in South Africa to deal with patent applications, examine the novelty, creativity or limit the protection scope of the patent (If the application scope is too broad).

Inventions in South Africa

The Patent Law of South Africa stipulates that if an invention application is of novelty, creativity and practicability, then the patent is deemed as an invention. The 1978 Patent Law stipulates that if an invention application is creative and could be applied in commerce, industry or agriculture, then the application can be deemed as a new invention.

Design in South Africa

Matters concerning design in South Africa are applicable for No. 195 “Design Law” in 1993. The design could be aesthetic or practicable in accordance with the “Design Law”.

Application ways

1. Paris Convention

2. PCT

Examination system

Formal examination

A Power of Attorney

The applicant should submit a power of attorney;

Language

English

Protection period

1. Invention in South Africa: 20 years from the application date

2. Design in South Africa: 15 years from the application date

Time required for protection grant:

1. Invention in South Africa: about 1 year

2. Design in South Africa: about 10 months

Remarks:

The costs above does not include translation fees and fees for protection grant. 

Materials Required

I. Invention

1. Patent name

2. Filling notice of the patent in China

3. Patent application in Chinese (Claims, descriptions, drawings, abstract)

4. Duplicate copy of the business license of the applicant (Affixed with due seal by the applicant, a scanned copy sent to us) or ID card (Signed by the applicant, a scanned copy sent to us)

5. Chinese names and addresses of applicants and inventors

6. Please provide English names and addresses of applicants and inventors; otherwise we will do the translation

7. Confidentiality examination request and duplicate copy of the priority request (Provided by us later)

8. The power of attorney for international patents (Provided by us later) 

II. Design

1. Patent name

2. Filling notice of the patent in China

3. Patent application in Chinese (word edition)

4. Six-sided views of products (diagram)

5. Duplicate copy of the business license of the applicant (Affixed with due seal by the applicant, a scanned copy sent to us) or ID card  (Signed by the applicant, a scanned copy sent to us)

6. Chinese names and addresses of applicants and inventors

7. Please provide English names and addresses of applicants and inventors; otherwise we will do the translation

8. Duplicate copy of the priority request (Provided by us later)

9. The power of attorney for international patents (Provided by us later)