Registrability Requirements

For a design to be registrable in South Africa, the design must be –

  1. ABSOLUTELY NOVEL – i.e. the design must not have been made available to the public, anywhere in the world, in any manner (whether through written or oral description, through use, or in any other way) before either (i) the first design application in respect of the design is filed, or (ii) the release date (i.e. the date that the design was first made available to the public), whichever is the earliest.
     
  2. ORIGINAL / NOT COMMOMPLACE

Prior Art Searches

It is not always easy to know for certain if a design satisfies the novelty and originality requirements for registrability.  However, we can conduct international searches for prior disclosures relating to a particular design.  Please contact us for a detailed quotation.

 

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