SOUTH AFRICA

Before filing, a search is recommended to check whether a trade mark (e.g. business name, brand name, or logo) is available to use in South Africa, and to consider it meets the requirements for trade mark registration in South Africa 

• Send us your trade mark with a list of the goods or services it'll be used for

• We'll arrange for a trade mark search of the South African IP Office trade mark register to check for trade marks like yours, and arrange for some initial advice on the availability and registrability of your trade mark in South Africa

A trade mark application can be filed at the South African IP Office to seek trade mark protection in South Africa. It's recommended to file only if the trade mark is available to use and meets the requirements for registration in South Africa 

• Provide us with your full details or your company details, and your trade mark and list of goods or services (if you haven't provided them already)

• There'll be forms for you to complete which we'll provide once we have the information we need

• We'll arrange for your trade mark application to be prepared and filed

After filing, a trade mark application will be examined by the  South African IP Office. If there are problems with it, an official action will be issued. If there are no issues or they are dealt with successfully, the application will be accepted, advertised and registered (if it's not opposed by anyone in the 3 months after advertisement)

• We'll arrange for any official actions to be sent to you

• We'll arrange for you to be updated you once your trade mark application is accepted and registered

Once a trade mark is registered in South Africa, it must be renewed 10 years after it was filed. This ensures the trade mark registration stays alive and continues to provide trade mark protection in South Africa

• We'll arrange for your trade mark registration to be renewed for you

For South African individuals or companies:

- A Provisional patent application (Provisional) is typically first prepared and filed at the South African IP Office

 - Next, a Complete patent application (Complete) or a PCT International application (PCT) is prepared and filed, based on the Provisional. This should be filed within 12 months of the Provisional

• Send us all the technical information related to your invention and we'll arrange for our provisional/ complete/ PCT specification to be drafted 

• We can arrange for technical drawings to be prepared for you, if needed

• We'll request certain information from you, and there'll be forms for you to complete which we'll provide once we have the information we need

• We'll arrange for your provisional/ complete/ PCT application to be prepared and filed

For overseas individuals or companies:

- A Convention patent application (Convention) can be filed at the South African IP Office based on a first patent application filed in another Paris Convention country up to 12 months earlier

- For those who have filed a PCT, a National Phase Entry application (National Phase) can be filed in South Africa based on the PCT. This should filed before 31 months from the earliest filing linked to the PCT (i.e. the earliest priority filing)

• We'll request certain information from you, and there'll be forms for you to complete which we'll provide once we have the information we need

• We'll arrange for your patent application to be prepared and filed

A Provisional is not examined 

After filing a Complete, Convention, or National Phase, it will be formally examined by the South African IP Office. If there are any formality issues, an official action will be issued. If there are no issues or they are dealt with successfully, the application will be accepted, and must then be published/advertised in the Patent Journal within 3 months of acceptance. The patent is then considered to be granted on publication. Note, no opposition to grant is possible in South Africa

• We'll arrange for any official actions to be sent to you

• We can arrange for requests to delay acceptance of your application and for claim amendments to be filed, if required. This is recommended for a Convention or National Phase to align the South African claims to claims that've been accepted/allowed or granted claims in other countries with substantive examination

• We'll arrange for you to be updated you once your patent application is accepted and published/ advertised (i.e. granted)

Patent renewals are payable each year from the 3rd anniversary of the filing date of the Complete, Convention, or National Phase. The first renewal payment may be made after grant. Renewals ensure the granted patent stays alive and continues to provide patent protection in South Africa

• We'll arrange for your patent to be renewed for you

• We can also arrange for renewals to be paid in advance