Apply
Register as a Customer
To view information on how to register as a customer, click here. If you are already registered as a customer, and know your customer code and password, proceed to step 2.
Deposit funds
- Deposit the application fee as follows:
- For a provisional patent application R60;
- For a complete patent application R590;
- For a PCT national entry application R590;
- For a PCT international phase application fees has to be calculated by the CIPC official responsible for the PCT Receiving Office. (mmashego@cipc.co.za)
- Pay the amount due into the CIPC bank account using your customer code as reference. For the bank account details, click here.
- The proof of payment must reach us on or before the date that you apply.
Conduct a Search
Each patent document has a unique identifying number and includes a detailed description of an invention, usually with drawings, and information about the inventor and applicant. Before applying for patent protection, you must make sure that what you have created is indeed an invention and does not fall in categories that are excluded from patent protection.
A Patent search is conducted 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 compulsory it is advisable.
- The search for the South African Granted Patents can be conducted in the CIPC Office or online by using the following link: patentsearch.cipc.co.za
Please note that the requirement for novelty means that the invention must be new at the priority date of the invention anywhere in the world – not known through written or oral public disclosure or through use. Therefore a search for novelty must include the patents granted or any other related publications abroad on national and international level (such as European Patent Office, Patent Co-operation Treaty (PCT) published applications).
In order to perform patent search in the worldwide patent databases, go to www.wipo.int to browse the PCT applications and the National Patent Collections. The search should include offices that have the biggest number of patent applications such as United States Patent Office, Japanese Patent Office, Australian Patent Office, Canadian Patent Office, Korean Patent Office etc. The above mentioned countries Intellectual Property offices websites are available on the WIPO website.
A Patent search can be undertaken by the applicant/inventor or by the patent attorney.
Performing a search prior to applying is vital as it helps you to:
- determine whether you can protect your IP i.e. does your invention meet the various requirements for successful grant of a patent?
- determine whether you are infringing someone else's IP
- learn about the competition or for research purposes
- determine who owns an item of IP
- check that your IP is not being infringed
- obtain product information on your competitors
At present our patent data base is available on WIPO website on PatentScope under National Patent Collections and on the CIPC website under “Public Patent Search” click here. Please bear in mind that this database is not yet complete, as not all patent documents are included. For the missing information, use the Paper Based Patent Disclosure Office in 202 Esselen str, Second Floor.
Apply for your patent
There are three ways in which you can apply for a patent manually or electronically. For electronic filing of patent applications, please go to IP E-Services / E-filing Sign-in.
- 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 signed by a patent attorney.
- File a PCT (Patent Cooperation Treaty) application (if applicable).
- PCT International Phase application
- PCT National Phase application
If a Provisional Patent Application is submitted, the assistance of a patent attorney is not compulsory. It is important that the description of the invention is comprehensive and clear, and where applicable, drawings must be attached on A4 pages.
In order to apply for a provisional patent application, download and complete the following forms:
- P1: "Application for a Patent and Acknowledgement of Receipt" submitted in duplicate for manual filing. Please make sure that you write your CIPC customer code on this form.
- P2: "Register of Patents", submitted in duplicate
- P3: "Declaration of Power of Attorney", single copy
- P6: "Provisional Specification", single copy
All documents should preferably be type-printed.
Important: Please note that duplicate copies are not applicable to e-filing.
The office of the Patent Registrar will open a file and allocate the provisional patent application a unique number for the purpose of identification. The applicant is notified by the return of a copy of the P1 that was submitted.
Thereafter, a Complete Patent Application must be submitted within 12 months from the date of filing the provisional patent application by the applicant or his agent, or within a further 3 months on application to the Registrar for extension of time filed before the expiration of the 12 months.
- During this time (i.e. the 12 (15) 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.
Please note that a Complete Patent Application could be filed at the first instance without filing a provisional patent application first. This is appropriate when the invention is mature enough and the applicant wishes to file his complete patent application without delay.
Registration of a Patent
- Once a complete patent application or PCT national entry has been lodged, the formal examination is performed after 6 months.
- If all the formalities have been complied with, the application is accepted.
- The applicant is then required to advertise his/her patent in the Patents Journal, published monthly by CIPC in electronic format. The date of publication of the advertisement is deemed to be the date of registration.
- 2 months after publication in the Patent Journal a certificate is issued.
