South Africa is a member of the Paris Convention and of the PCT. The deadline for PCT national phase entry is thirty one months from the priority date. A PCT national phase application necessarily corresponds in every respect to the international application, including amendments that have been published and/or are annexed to the IPRP, and changes recorded at the International Bureau. Patents are only renewed after grant, annually from the third anniversary of the filing date (international filing date in the case of PCT national phase applications). The substantive law on patentability of inventions is reasonably similar to the European Patent Convention as far as novelty, inventive step and exclusions from patentability are concerned. However, South African patent applications are examined only for compliance with formalities and no substantive examination is conducted. It is the applicant’s responsibility to ensure that the patent is granted in a form which it believes to be valid and we routinely advise clients on meeting this requirement in the most cost effective manner.

FILING REQUIREMENTS - PCT NATIONAL PHASE APPLICATIONS

Minimum:
If we are provided with the PCT application number (or the WO publication number), we can obtain all the information we require to enter the national phase in South Africa, from the internet.

Further:
An English translation of the specification if the international application was not published in English – due within six months from national phase entry
An original, prescribed Declaration/Power of Attorney (Form P3), signed on behalf of the applicant – due within six months from national phase entry
An original, prescribed Statement on Indigenous Biological Resources and Knowledge (Form P26), signed on behalf of the applicant – due within six months from national phase entry
Original or certified documentary proof that the applicant acquired rights to the invention from the inventor(s), if applicable (typically an assignment document) – due within twelve months from national phase entry
Certified copies of priority applications, unless these have been filed in the international application – due within six months from national phase entry
Verified English translations of the priority applications if they were not filed in English application – due within six months from national phase entry

FILING REQUIREMENTS - CONVENTION APPLICATIONS (non-PCT)

Minimum:
Country, number, date and title of the priority applications(s)
Name(s) and physical address(es) of applicant(s)

Further:
Patent specification in an official language of any convention country and drawings (if applicable) – due within fourteen days of the filing date
A verified English translation of the specification, if not filed in English – due within three months from the filing date
An original, prescribed Declaration/Power of Attorney (Form P3), signed on behalf of the applicant – due within six months from the filing date
An original, prescribed Statement on Indigenous Biological Resources and Knowledge (Form P26), signed on behalf of the applicant – due within six months from the filing date
Original or certified documentary proof that the applicant acquired rights to the invention from the inventor(s) (typically an assignment document) – due within eighteen months from the filing date
Certified copies of priority applications and verified English translations of the priority applications if they were not filed in English – due within six months from the filing date
Abstract not exceeding 150 words – due within eighteen months from the filing date
IPC classification - due within eighteen months from the filing date.

FILING REQUIREMENTS - NON-CONVENTION APPLICATIONS (non-PCT)

Minimum:
Patent specification in an official language of any convention country
Drawings (if applicable)
Name(s) and physical address(es) of applicant(s)

Further:
A verified English translation of the specification, if not filed in English – due within three months from the filing date
An original, prescribed Declaration/Power of Attorney (Form P3), signed on behalf of the applicant – due within six months from the filing date
An original, prescribed Statement on Indigenous Biological Resources and Knowledge (Form P26), signed on behalf of the applicant – due within six months from the filing date
Original or certified documentary proof that the applicant acquired rights to the invention from the inventor(s) (typically an assignment document) – due within eighteen months from the filing date
Abstract not exceeding 150 words – due within eighteen months from the filing date
IPC classification - due within eighteen months from the filing date.

The filing requirements have been simplified in the paragraphs above and more comprehensive information will be provided on request.