Although it is not compulsory to conduct a search to check the originality of the design or that the same or similar design is not registered – it is advisable to do so, before filing for registration. A search can be conducted at the Design Registry Office in Pretoria. It could be done personally or by a patent attorney.
The documentation needed for the registration is obtainable, free of charge, from the Design Registry Office in Pretoria, Private Bag X400, Pretoria, 0001 or from our website. The documents are:
- Form D1 - Application and Acknowledgement
- Form D2 - Register of Designs
- Form D3 - Power of Attorney
- Form D6 - Definitive Statement and Explanatory Statement (Explanatory statement is compulsory only for certain fields, e.g. integrated circuit topography or mask work)
- Form D8 - Publication particulars
The registration procedure is as follows:
Form D1 : Application and Acknowledgment
- Lodged in duplicate
- Enter the classification index (class number) in terms of the Design Classification (Locarno Classification available on the WIPO website. In case you experience difficulties in defining the classification index , you may apply to the Registrar of Design to do so upon payment of the prescribed fee (R 220.00)
Form D2 : Register of Designs
- Complete and lodge in duplicate
Form D3: Power of Attorney
Form D6: Definitive Statement (compulsory) and Explanatory Statement (optional)
- Lodge in duplicate
- The definitive statement should be a description of the features of the design for which protection is sought (e.g. shape, pattern, ornamentation, configuration, as applicable)
Form D8: Publication Particulars
- Lodge in duplicate
- The "brief statement of features" shall be a single paragraph of not more than 100 words. Essentially this is a combination of the definitive and explanatory statement (as per D6 )
Together with the documentation listed above, "Representations" in the form of drawings, or photographs need to be included. These could be:
- 7 identical representations, be these drawings or photographs. Each drawing should be on an A4 paper, or each photograph mounted on A4 paper.
- Enclose different perspectives (as applicable) e.g. top view, side view, front view, 7 of each are required.
- Select one view for publication and provide 2 copies clearly indicating "for publication".
- All drawings / photographs except those designated for publication should be signed.
When the design application has been received and logged, the applicant is sent:
- 1 copy of form D1 indicating acknowledgement and the official design application number.
Following a period of 6 months formal examination (compliance with the formal requirements) is conducted and usually in month 7 (if the compliance with all the formal requirements is established):
- A notice of registration (acceptance) is sent by CIPC to the applicant
- The applicant has a duty to advertise the notice of registration in the Patent Journal by submitting this notice to CIPC for publication in the prescribed manner (see CIPC Website)
- A registration certificate is issued.
- To keep the design in force, renewal fees must be paid starting from the third year after the lodgement or on the date of granting