Registration Procedure

Regardless of whether the registration process will be via the services of a Patent Attorney or Agent, or whether it will be initiated by the applicant, the following stages must be followed:

Step 1: Conduct a Search on Existing Patents

• This search can be undertaken by the applicant / inventor or by the patent attorney / agent
  • This is to ensure that no existing patents are being infringed and that the invention is new/novel (S25 of Patent Act)
  • Although this initial search is not essential it is advisable.
  • The search is conducted in the Pretoria office of the Patents Registrar.

Step 2: Application to Register

• The application for a patent can be in one of three ways:
  • File a provisional application - This may be undertaken by the applicant with or without the assistance of an attorney.
  • File a complete application - This must be via a patent attorney.
  • File a PCT (Patent Co-operation Treaty) application (if applicable)
• The following forms can be obtained free of charge from CIPRO. They must be completed (in black ink or typewritten) and submitted to Patent Developers:
  • P1:  "Application for a Patent and Acknowledgement of Receipt" and submitted in duplicate
  • P2:  "Register of Patents", submitted in duplicate
  • P3:  "Declaration of Power of Attorney", 1 only submitted
  • P6:  "Provisional Specification", 1 only submitted
  • All documents should preferably be type-printed
• If a Provisional Patent Application is submitted, the assistance of a patent attorney is not essential. It is important that the description of the specification is comprehensive and clear, and where applicable, drawings must be attached, on A4 pages.
  • Forms P1, P2, P6 will be completed and P3 if there is a Power of Attorney involved.
  • The fee of  for a provisional application is R60.
• In the case of a Provisional Patent Application, the office of the Patent Registrar will open a file and provide a provisional patent application number for the purpose of enquiries. The applicant is notified by the return of one of the copies of the P1 that was submitted.
  • Thereafter, a Complete Patent Application must be submitted within 12 months of the date of filing the Provisional Patent Application (via a Patent Attorney or Patent Agent).
  • During this time (i.e. the 12 month period) the inventor is able to work on his invention.
  • During this period the inventor / manufacturer can also "test-the-market" to assess the viability of the invention before incurring the costs involved in a Complete Patent Application.
• If a Complete Patent Application is being submitted, the assistance of a Patent Attorney is essential.
  • Forms P1, P2, P3 (Power of Attorney) must be completed.
  • The  fee for a complete application is xxxxxxxx.
  • Full detailed descriptions and specifications, drawings on a A4 pages etc should be included.
  • Consideration may also be given to applying for patent rights / protection in other countries.
  • PCT applications are regarded as complete applications.

Step 3: Registration of a Patent

Once a Complete Patent Application has been lodged, formal examination commences. This process usually takes about 6 months.

• If all the formalities have been complied with, the application is accepted. The applicant is then required to publish his / her patent in the Patents Journal, published monthly by the government printers.
  • This allows members of the public the opportunity to lodge objections.
  • If after 3 months, there are no objections, the Patents Registrar will issue a Patent Certificate.