Renew your patent

To renew your patent, follow these steps:

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

  • To view the relevant fees, click here.  Deposit the fee into the CIPC bank account.  For the bank account details, click here.

Renew your patent

icons-print.pngPrint and complete the P10 form to renew your patent.

Submit your renewal application by posting it to CIPC, or drop it off at the drop-off box at any of the CIPC Self Service Terminals.

Renewal of a Patent (for more information on renewal of a patent)

Renewal of a Patent must be done every year starting from the end of the 3rd year from the filing date for the duration of the patent.

  • Renewal request to be filed on form P10.  Please remember that you have to write your CIPC customer code on the form P10.
  • Renew every year on or before the expiration of the 3rd year from the filing date. You can also pay the renewal fee plus fine  within 6 months after the due date. Thereafter your patent will lapse due to non-payment of the renewal fee. To restore it, you will have to follow a restoration procedure in terms of the Patent Act and the Regulations thereof.
  • A patent is renewable up to the expiration of its term, i.e within 20 years from the filing date. Thereafter it expires irrevocably.
  • The amount due for the respective renewal fee can be seen from item 7 of the Patents Table of Fees.

NB: If your customer details such as your name or address have changed you will need to advise us in writing prior to completing your renewal.

In case the payment has been delayed but no longer than 6 months from the due date, item 6 of the patents Table of Fees applies and a fine of R90 must be paid for the first month plus R50 thereafter for each month or a part thereof ( not exceeding five months) in addition to the renewal fee.

In case the delay in payment of a renewal fee is more than 6 months, the patent will lapse and can be restored by completing a request for restoration in terms of section 47(1)[ Reg. 49] and payment of restoration fee of R282, accompanied by an affidavit stating the reasons for the delay. The decision for restoration is discretionary.  If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes. If the request for restoration is not opposed within 2 months from the date of publication in the patent Journal, CIPC will restore the patent upon payment of the outstanding renewal fees. The office calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, the Office will wait for the outcome of the opposition proceedings and will follow the court order thereof.

Amending

Change of name, change of address, clerical errors, amendments of claims or specifications, change of ownership, hypothecations, attachment, surrenders etc.  The forms to be used for different amendments and the fees due are indicated inter alia in the table below.  Please remember that you have to write your CIPC customer code on your request form.

 Table of fees for different patent transactions

Item Description Corresponding Form ID Amount
1 Application for a patent accompanied by a provisional specification in terms of section 30(1), {reg. 22(1)(a) and (e)} P1 and P6 R60
2 Application for a patent accompanied by a complete specification in terms of section 30(1), {reg. 22(1)(a) and (e)} P1, P7 and P8 R590
3 Late claiming of priority in terms of proviso (i) of section 31(1), per month or part thereof (regs. 23-25) P1 R50
4 Request to register: P4 R4
  a) To inspect the register and documents in terms of section 12    
  Plus copies supplied of documents or particulars of register in terms of section 13, per page P4 R1
  b) Application to extend privileges of attorney in terms of section 22, (reg. 75) P4 R145
  c) Application by a patent attorney who has been suspended or whose name has been removed from the register in terms of section 24(4) and (5), (reg. 74) P4 R145
  d) Application to claim priority in terms of section 30(7) (reg. 39) P4 R50
  e) Application to amend or to lodge a fresh application in terms of section 37 (reg. 37) P4 R50
  f) Change of complete specification into a provisional specification in terms of section 38(1) (reg. 37(2)) P4 R50
  g) Post-dating of application in terms of section 38(2) (reg. 37(3)) P4 R50
  h) Application for revocation of independent patent and grant of patent of addition as independent patent in terms of section 39(3) (reg. 35) P4 R90
  i) Application for extension of time of acceptance of a complete specification in terms of proviso to section 40 (regs. 42 and 45): P4 R50
  1. Up to end of 18 months    
  2.Thereafter per month or part thereof (not exceeding 3 months)   R50
  3.After 21 months (per month or part thereof) j) Application for the return of lapsed application in terms of section 41 (reg. 43) P4 R145
  k) Application to extend period for publication of acceptance in terms of section 42(3) (reg. 46). Thereafter per month or part thereof P4 R90
  l) Application for correction of clerical errors and amendment of documents in terms of section 50 (reg. 11) P4 R90
  m) Application to rectify register in terms of section 52 (reg. 39) P4 R90
  n) Endorsement or cancellation of endorsement in terms of sections 53, 54(1) and (3) (regs. 63 and 66) P4 R90
  o) Change of address for service in terms of section 87(2) (reg. 10) P4 R20
  p) Cancellation of notice of hypothecation in terms of section 60(3) P4 R50
  q) Reasons by Registrar (reg. 78) P4 R245
  r) Any other request not provided for P4 R26
5 Late lodgment of documents, in terms of sections 30(6) and 32 (regs. 22, 31 and 38) P5 and P8 R50
6 Application for the extension of the period for payment of renewal fees in terms of section 46(2) (reg. 48(3)) P10 R90
  a) Thereafter for each one month or part thereof (not exceeding five months) P10 R90
  b) On application to restore lapsed patent in terms of section 47(1) (reg. 49)

Notice of motion

P10

R286
  c) After restoration, payment of unpaid renewal fees in terms of section 47(5) P10  
7 Renewal fees in terms of section 46(1) (reg. 48(1)) P10 R130
  a) i. Before expiration of the third year    
  ii. Before expiration of the fourth year P10 R130
  v. Before expiration of the seventh year P10 R85
  vi. Before expiration of the eighth year P10 R100
  ix. Before expiration of the eleventh year P10 R120
  x. Before expiration of the twelfth year P10 R145
  (xi. Before expiration of the thirteenth year P10 R145
  xii. Before expiration of the fourteenth year P10 R164
  xiii. Before expiration of the fifteenth year P10 R164
  xiv. Before expiration of the sixteenth year P10 R181
  xv. Before expiration of the seventeenth year P10 R181
  xvi. Before expiration of the eighteenth year P10 R206
  xvii. Before expiration of the nineteenth year P10 R206
  b) On patents endorsed ‘licenses of right’ in terms of section 53(2)(d) on the same basis as in (a) (per annum or part thereof) P10 R50
8 Application to amend a provisional specification in terms of section 51(1) (reg. 52(1)) P11 R70
9 Application to amend a complete specification before open to public inspection in terms of section 51(1) (reg. 52(2)) P12 R70
10 Application to amend a complete specification after open to public inspection in terms of section 51(1) (reg. 52(2) and (3)) P13 R242
11 Application to make a supplementary disclosure in a patent specification in terms of section 51(8) (reg. 52(2)) P14 R50
  a) For first application P16 R70
  b) For second and subsequent applications P16 R26
14 Application to be registered as a patent customer or a patent attorney in terms of section 20 P17 R206
15 Request for removal from the register of the name of a patent customer or patent attorney in terms of section 23 (reg. 72) P18 R90
16 a) Notice of opposition in terms of reg. 82 P19 R206
  b) Application for revocation in terms of section 61 (reg. 89) P20 R206
17 Application for the voluntary surrender of a patent in terms of section 64(1) (reg. 67) P21 R50
18 Notice of future proceedings (reg. 95) P22 R120
19  Perusal of files  Per file R4
20 Reprographic copies of documents , per page   R1
23 Transmittal fee in terms of section 43C (reg. 67A(a))   R500
24 International fee in terms of section 43D (reg. 67A(b))   R2790
  a) Basic fee   R2790
  i. If the application contains no more than 30 sheets; and   R2790
24 ii. Supplement per sheet over 30   R65
  b) Designation fee, per designation (provided that any designation under Rule 4.9(a) of the PCT Regulation in excess of 10 shall not require payment of a designation fee)   R644
  c) Designation fee, per designation (for designations under Rule 4.9(b) and confirmed under Rule 4.9(c) of the PCT Regulations   R644
  d) Where the International Searching Authority is the United States Patent and Trade Mark Office (USPTO)   R4290
25 PCT application National phase P25 R590

 

Protecting

You are responsible for monitoring the way your patent is used and protecting it against infringement.

Patent protection is enfoceable through civil proceedings.  We cannot launch legal proceedings on your behalf.  We are not able to become involved in the infringement or possible infringement of your patent. We can not act on your behalf.

You must put appropriate safeguards in place, maintain secrecy, communicate your legal rights and, if necessary, defend your rights through legal action. This is to ensure that only you can turn your ideas into a commercial reality.

Do not wait for someone to infringe your patent. Put a strategy in place to deal with infringement before it happens and make it part of your overall protection and commercialisation strategy.

If you find your patent is being copied or used by someone else without your permission, there are a number of actions you can take. These range from a letter of demand from your attorney, negotiations to settle out of court and if this fails, court action.

 Whatever action you do take, pursue it vigorously and make sure any infringer knows you're serious about protecting your patent. Delay could also jeopardise your legal rights to obtain an injunction. For help with handling infringement speak to an IP professional.

 

Oppositions

Dealing with oppositions

A patent registration can not be opposed in terms of the current patent legislation.

Actions under the patent legislation that can be opposed  are  the following (list not exhaustive):

  • an application by the patentee to amend the patent specification
  • an application by the patentee  for amendment of the patent claims
  • an application for restoration
  • an application for a license to use an invention.

 GRANTING OF PATENTS CANNOT BE OPPOSED IN SOUTH AFRICA

An overview of patent ownership disputes

A patent ownership dispute can take several forms:

  • a dispute between applicants, where the Commissioner of Patents decides if an application is to continue in the name of either one or more of the applicants, or indicates how else the application is to continue.
  • a dispute filed by one or more persons stating they are the owners of the patent application, where the Commissioner decides whether the applicant or the other persons (or both) are the owners.
  • an application to dispute the ownership by a person who does not own the invention, stating that the applicant also does not own it and that a patent cannot be granted to that person.
  • a dispute filed by one or more persons stating that their entitlement to a patent is not properly recorded in the Register of Patents.


Where someone other than the applicant is found to be the correct owner of the patent application, there are a few possible outcomes. The application may be refused, the other person may be named as the applicant, or the right applicant(s) may make a new patent application which maintains the priority date of the other application.

The Commissioner of Patents may make a decision on ownership even if the application is lapsed or is withdrawn.

Seek professional advice for an ownership dispute
The process of contesting ownership is potentially complex and costly and any mistake could lead to the opposing party gaining an advantage.  If you become involved in an ownership dispute, you might consider contacting a patent attorney experienced in intellectual property law.