South Africa’s patent system is unique in that it operates as a depository system—this means that no substantive examination is conducted on the novelty or inventiveness of the invention.

Steps to Obtain a Complete South African Patent

1. Prepare and File the Application

Submit the patent specification, claims, and drawings. Include applicant details and, if applicable, priority information.

2. Formal Examination (8–12 months from filing)

The Patent Office checks for formal compliance only. No novelty or inventive step is assessed. Applying for expedited acceptance may reduce the time to acceptance to 2–3 months from filing.

3. Acceptance

Once formal requirements are met, the application is accepted.

4. Publication

The accepted application is published in the Patent Journal for 2 months.

5. Grant

If unopposed, the patent is granted and Letters Patent is issued.

Key Patent Timelines

Term: Up to 20 years, with annual renewals from 3rd anniversary of the filing date.

PCT Filings: National phase deadline is 31 months from earliest priority date.