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Your Invention

…is novel, inventive and distinctly useful. You have identified the potential gains of obtaining a monopoly over your invention.  This monopoly can be realised by filing a Patent which is the broadest form of protection for a novel idea and underlying principle of operation. Your protection spans across South Africa and can be extended abroad through the appropriate channels.  A Patent is an integral segment of any patentable product focused Business’ Intellectual Property (IP) Roadmap and is an exceedingly valuable asset to your Business entity.

South African

Provisional Patent

Protection Type

Reserve your rights to monopolise the market with your novel idea or invention

Protection Period

Your rights are reserved for 12 Months, to file your complete Patent application for your rights to be granted

Prerequisite

Absolute novelty, an inventive step and it must be capable of use in trade, industry or agriculture

South African

Complete Patent

Protection Type

Protect your novel idea or the underlying principle of your invention across the whole of SA

Protection Period

The state grants a 20 year monopoly in exchange for full disclosure of your invention

Upkeep

first renewal due on the 3rd anniversary of your Patent, subsequent renewals due annually

Prerequisite

Absolute novelty, an inventive step and it must be capable of use in trade, industry or agriculture

From

Once-Off

Apply now and we’ll conduct a preliminary review of your invention and set up a Free Consultation.  If you decide to proceed with Patent filing, you’ll only pay a fixed once-off fee! We also offer a highly affordable payment plan.

We’re here to help

We know you want value for money and don’t want to pay the excessively high prices associated with big law firms. We also understand the cash-flow challenges during business startup. This is why we offer a competitive Patent filing service and even provide a highly affordable payment plan. In fact, IP Braai was born to make legal services and legal education accessible and affordable to ALL South African Entrepreneurs and Small Business Owners.

The Provisional Patent Process:

Step1: Start here

  • You submit our application form & your invention information (Attorney-Client privileged)
  • We provide feedback on our preliminary review and arrange your Free Consultation
  • You provide the required applicant information and documentation
  • We conduct a patentability search (Recommended) and infringement search (optional)
  • We draft your Patent specification & claims and file your Patent application

Step2: Filing Receipt

  • Within 1 week we receive filing receipt from the Patent Office
  • Within 2-3 Months the Patent Office publishes in the Patents Journal only the following:
    • Application number and filing date
    • Name of applicant and title of invention
  • Your complete Patent application must be filed within 12 Months

The Complete Patent Process:

Step1: Start here

  • You submit our application form & your invention information (Attorney-Client privileged)
  • We provide feedback on our preliminary review and arrange your Free Consultation
  • You provide the required applicant information and documentation
  • We conduct a patentability search (Recommended) and infringement search (optional)
  • We draft your Patent specification & claims and file your Patent application

Step2: Formal Examination*

  • Within 6-12 Months, we receive feedback from the Registrar
  • We consider the outcome and report on our findings:
    • Scenario 1: Acceptance notice received, Booyah! We proceed to the next phase
    • Scenario 2: Official action received, we fulfill the formal requirements
  • *The application is not substantively examined but only with regard to formal procedure

Step3: Publication

  • We receive the Notice of Acceptance from the Registrar once in compliance
  • We publish your Patent in the Patents Journal
  • The publication process requires a period of 2-3 Months
  • The date of publication is deemed the grant date
  • Congratulations! This means your Patent is officially granted!

Step4: Certification of Grant

  • We obtain your certificate of grant and follow up with CIPC if required
  • We check, request corrections if necessary and dispatch via registered mail
  • Congratulations once again! You obtained the exclusive rights to your Patent.
  • Total registration period, including provisional Patent: 24 – 36 months (CIPC dependent)
  • Total registration period, only complete Patent: 12 – 24 months (CIPC dependent)

Please see the fees guide below.

Frequently asked questions

Your invention is patentable if it satisfies all three criteria; it is new, involves an inventive step and is capable of use in trade, industry or agriculture:
  • New/Novel: is not part of any matter (“state of the art”) made available to the public anywhere in the world, through written or oral description, use or in any other way.
  • Inventive step: is not obvious to a person skilled in the “art” and includes a step forward from the state of the art.
  • Capable of use in trade, industry or agriculture:  Your invention achieves results and advantages as set out to achieve.
12 – 24 Months might seem like a big commitment, not to mention the cost involved in filing your Patent.  If you would like additional information, you can learn more about Patent fundamentals or get in touch by completing the contact form.

The Patents Act defines that which consists of the following is not an invention for the purpose of a Patent:

  • a discovery;
  • a scientific theory;
  • a mathematical method;
  • a program for a computer;
  • the presentation of information;
  • a literary, dramatic, musical or artistic work or any other aesthetic creation; or
  • a scheme, rule or method for performing a mental act, playing a game or doing business.

Remember that only the above items as such are not patentable. This means, for example, a computer program itself is not patentable, but a method or system utilising a computer program to provide a specific result may be patentable if such a method or system is new, inventive and useful.

For your invention to be patentable, it must be novel. And for your invention to be novel, it cannot be made public, by you or a 3rd party, before the priority date. The first filing of a provisional Patent application or a complete Patent application establishes the priority date. All this means that you absolutely must file your first Patent application (provisional or complete) before your invention is disclosed to the public. Remember that disclosure includes written or oral description such as printed publications, advertisements, non-confidential discussions or tenders, as well as commercial use, to name a few, and therefore destroy the novelty and subsequent patentability of your invention. There is no grace period with filing Patents such as with Registered Designs.  

Once your provisional Patent application has been filed, you have 12 Months to file your complete Patent application. There is an additional 3 Month extension for South African protection only.

Once you obtained a granted South African Patent you have a monopoly which means no other entity, anywhere in South Africa, would have the right to make, use, exercise, dispose of, offer to dispose of or import a product protected by the Patent specification. You thus enjoy the whole profit and advantage arising from your invention. A Patent is an asset to your business and can be sold, or licenced. Remuneration can be in many forms such as money, cross-licence, supply of equipment and/or joint venture.

A provisional Patent application reserves your rights and gives you an opportunity to finalise the technical details of the invention and to test its commercial viability before filing your complete Patent application. After the priority date you can disclose your invention to others which will not invalidate your Patent application, provided that a complete Patent is filed within the 12-month period. When disclosing your invention to a 3rd party, it is advisable that the 3rd party signs a basic Non-Disclosure Agreement as a minimum.

A pending Patent application does not provide any enforceable rights against infringers. These rights are only obtained once your complete Patent is granted.

Once your complete Patent is granted you are entitled to initiate legal proceedings against an alleged infringer for an interdict to prevent further infringement of your Patent, and for damages suffered as a result of infringement. The process typically starts by serving the alleged infringer with a letter of demand. This step is optional but recommended as you cannot claim damages if he/she is not aware of your invention. Further proceedings are handled on a case by case basis.

A South African provisional Patent application or complete Patent application in the first instance provides the option to apply for Patents in most other countries via two foreign Protection mechanisms namely the Paris Convention (Convention applications) and the Patent Cooperation Treaty (PVT).  Neither mechanism constitutes a granted Patent but rather provide additional time before filing national Patent applications in the countries in which Patent protection is required.  The differences between these two mechanisms can be listed as follow:

Paris Convention:

  • There are ±160 countries that subscribe to the Paris Convention.
  • A Convention application must be filed for each country in which potential Patent filing is anticipated.
  • Must be filed within 12 Months from the earliest priority date.
  • A national Patent application can subsequently be filed in each country in which Patent protection is required.

Patent Cooperation Treaty (PVT):

  • A single PCT Patent application is filed which opens the door for potential Patent filing in ±120 countries.
  • Can be filed in the first instance or within 12 Months from the earliest priority date.
  • Searches are conducted and opinions are provided, by the respective PCT offices, on the patentability of your invention in the respective countries.
  • A national Patent application can be filed, up to 30 months from the earliest priority date, in each country in which Patent protection is required.

To obtain Patent protection in foreign countries can be a complex and costly process. It is thus advised to discuss your foreign filing requirements with your Patent Attorney at an early stage.

CIPC (Companies and Intellectual Property Commission) is a statutory body within the public administration and is the only way to file a Patent. Some of the main functions of CIPC are the registration of companies, co-operatives and Intellectual Property (IP) Rights such as Trade Marks, Patents, Designs and Copyright as well as the maintenance thereof.

We know legal fee structures get very complicated and you often feel mislead.  This is why we keep it as simple and transparent as possible. To register your provisional Patent, you only pay a once off fee of ±R18000 or you can follow our payment plan as detailed below. To register your complete Patent, you only pay a once off fee of ±R10000 if IP Braai filed your provisional Patent or a once off fee of ±R20000 if the provisional Patent was not filed by IP Braai, or you can follow our payment plan. These prices are slightly variable and are dependent on the complexity of your invention however, you will receive a pro forma invoice during your free consultation. Additional fees only apply in the following cases and depend on how you wish to proceed – you remain in control:
  • If an infringement search or assessment is requested 1
  • If a patentability search is requested 1
  • If documents are received late and late lodging fees apply 2
  • If new Patent drawings have to be drafted from scratch 3
Please see the fees guide below for more detail or get in touch by completing the contact form.

We understand the cash-flow challenges during business startup which is why we offer a highly affordable payment plan for provisional and/or complete Patent filing. We truly strive to make legal services and legal education accessible to all South African Entrepreneurs and Small Business Owners. This payment plan is structured as a 25% deposit followed by 12 equal monthly instalments.  The Deposit is payable on acceptance of Patent filing quotation and the instalments are payable on the first day of the month starting on the month after quotation acceptance.

Please see the fees guide below for more detail or get in touch by completing the contact form.

Well, the cost of filing your Patent application should be compared to the commercial value of the invention and associated profit expected. If exploitation of the invention monopoly is unlikely to generate reasonable profits, it does not make sense to incur the cost of Patent filing. Alternatively, if there is a large commercial potential, your Patent application should be filed timeously to protect your invention.

But what is the commercial value of my Patent? A Patent is an asset to your business and can potentially generate substantial income over its lifetime. The value of a Patent can be determined by calculating the present value of the future benefits of ownership. Patent valuations are typically required in commercial transactions, such as optimising tax structures, raising capital, a sale of intellectual property or a business as well as entering into a joint venture with a 3rd party.

A commercial infringement search is conducted to determining if your invention will infringe on other pre-existing valid and in force Patents in South Africa. This search is expensive due to the time, effort and expertise required.  There is no intelligent electronic database for Patents in South Africa. The only way to perform such a search is thus for a qualified and experienced Patent Attorney to manually search through the combined electronic and hardcopy database of the Patent Office, publications and conduct manual internet searches.  At IP Braai we believe in providing cost effective legal services to all South African Entrepreneurs and Small Business Owners. In that light, we believe your Patent application may be filed without conducting a commercial infringement search. However, if large capital investment is required to enter the market, a commercial infringement search is advised.

An infringement search is expensive due to the time, effort and expertise required. Furthermore, your Patent application undergoes a formal examination only. There is thus no substantive examination of Patents. This means filing your Patent application without conducting an infringement search could have one of two outcomes:

  • Outcome 1: Your application is granted and your invention is not infringing on any prior Patents. You saved on the search costs.
  • Outcome 2: Your application is granted but your invention might be infringing on a prior Patent. However, the onus is on the 3rd party to prove that your invention is infringing on his/her Patent.

Also remember that no search can ever be 100% conclusive as the search results are dependent on the accuracy of the combined electronic and hardcopy database of the Patent Office. In that light, we believe your Patent application may be filed without conducting an infringement search. However, if large capital investment is required to enter the South African market, an infringement search is advised.

Your Patent application undergoes a formal examination only. There is thus no substantive examination of Patents.  This means filing your Patent application without conducting a patentability search could have one of two outcomes:

  • Outcome 1: Your application is granted and there is no similar prior Patent. You saved on the search costs.
  • Outcome 2: Your application is granted but your Invention might not be new in view of a prior Patent. However, the onus is on the 3rd party to prove that your Patent is not valid.

Furthermore, no search can ever be 100% conclusive as not all inventions are disclosed to the public via publications. Disclosure to the public can also occur by commercial exploitation for example, which would not be revealed during the search. However, the advantage of conducting a patentability search is that the prior art is identified which enables the Patent Attorney to clearly and concisely define the specific aspects of novelty within the Patent specification and claims.  In that light, a patentability search is always advised.

Patent filing is dependent on the CIPC process. The CIPC Service Turnaround Times are available on the CIPC website.
Do you have any other questions? Feel free to get in touch by completing the contact form below.

Are you ready?

From

Once-Off

Apply now and we’ll conduct a preliminary review of your invention and set up a Free Consultation.  If you decide to proceed with Patent filing, you’ll only pay a fixed once-off fee! We also offer a highly affordable payment plan.

Why work with us?

  • We are truly focused and driven to break down all financial, cultural and educational barriers to quality legal services for business in South Africa.
  • Rest assured, we specialise in Patent filing.
  • Receive preliminary Patent filing guidance and recommendations.
  • We have a footprint close to the Patent Office in Pretoria, Gauteng.
  • We can take care of your existing Patent portfolio, at no sign-up charge.
  • Intellectual Property law is our thing and we provide all related legal services.
  • We can provide pro forma invoices and agree to fixed charges.

Fees Guide

Signing up for Patent filing, you will not pay the CIPC official fees.

To file your Patent application, you only pay a once-off fee or follow our highly affordable payment plan.  Additional fees only apply in the following cases and depend on how you wish to proceed:

  • If an infringement search or assessment is requested 1
  • If a patentability search is requested 1
  • If documents are received late and late lodging fees apply 2
  • If new Patent drawings have to be drafted from scratch 3
CIPC Official Fees IP Braai Fixed Fees

Searches and Assessments

South African infringement search (optional) 1

N/A

±R15000

Infringement assessment (client identifies prior art)(optional) 1

N/A

R5000

International patentability search (optional but advised) 1

N/A

R6000

Provisional Patent Application Filing

Drafting and filing provisional Patent application

R60

±R18000

Complete Patent Application Filing

Complete Patent filing in the first instance

R590

±R20000

Provisional Patent in place but was not filed by IP Braai

R590

±R20000

Provisional Patent in place and was filed by IP Braai

R590

±R10000

Patent Renewal

Individual Patent Renewal

R85 - R206

R1500

Bulk Renewals (10 or more Patents)

R85 - R206 each

R500 each

Other Fees

Late lodging fee (documents received late from Client) 2

R40 each

R1000

Drawing fee (1 Hour if editable drawings are provided)

N/A

R400 / hour

Drawing fee (4 - 6 Hours if new drawings are to be drafted) 3

N/A

R400 / hour

HAve any questions?

Check out the Patent FAQs. If you don’t find what you’re looking for, feel free to contact us by completing the form.

We also appreciate any feedback helping us improve and better serve our community.