PCT National Phase Patent
ApplicationsThe Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.
“An invention is something that was impossible up to then ― that’s why governments grant patents.” ― Robert A. Heinlein
PCT National Phase Patent Applications
- The deadline for filing a convention patent application in South Africa is 12 months from the earliest priority date. This period is extendable by an additional 3 months (i.e. up to 15 months from the priority date) upon application to the Registrar of Patents and upon payment of an additional fee.
- The following minimum requirements must be met to secure a valid filing date in respect of a convention patent application:
- Full name(s) and registered address(es) of each applicant
- Full name(s) and residential address(es) of each inventor
- Title of the invention
- Priority application number(s), country and date(s)
- The following additional documents are required to complete the filing requirements of a convention patent application:
| Within 14 days of the national filing date | i. Complete patent specification, claims and drawings. |
| Within 3 months of the national filing date | ii. English translation of the complete patent specification, claims and drawings, if the application was not filed in English. |
| Within 6 months of the national filing date (this period is extendable upon application to the Registrar) | |
| Before acceptance (these documents must be filed in time for acceptance within 18 months, or on application to the Registrar, 21 months from the national filing date) | iii. Form P3*, Declaration and Power of Attorney – signed by the applicant. |
| iv. Form P26*, Statement on the use of indigenous biological resource, genetic resource, traditional knowledge or use – signed by the applicant. | |
| v. A certified copy of each priority document. If the priority document is not in English, a certified English translation is required. | |
| vi. Assignment of Invention* –signed by each inventor who is not an applicant. | |
| vii. Abstract of the invention. | |
| viii. Assignment of Priority Rights*, if the applicant is not the applicant in respect of the priority application | |
| * No legalization of formal documents is required |
- South Africa has a so-called “deposit system” for patents – i.e. patent applications do not undergo formal examination for the substantive patentability requirements of inventions.
- There is no provision for opposition to the registration of a patent application.
- No excess claim fees, page fees or grant fees are payable in South Africa.
- Patents in South Africa have a maximum duration of 20 years from the national filing date, subject to the payment of annual renewal fees from the third year after the national filing date.
- South Africa is a member of the Paris Convention and of the PCT.
