Rollback of services platforms

by | Jan 20, 2023 | Notices

Dear CIPC customer,

On behalf of the CIPC, I sincerely and humbly apologise for the disruption and inconvenience caused by the migration of the CIPC transacting platforms, E-services and BizPortal, which were rolled out on the 9th January 2023.

The system upgrades were designed on the principle of the ongoing CIPC innovation journey to ease the doing of business and reduction of red tape and it is based on this premise that we have made a decision to roll-back to the previous system, with immediate effect. We have heard you and have listened and have actioned and we thank you for your comments.

We understand that you depended on us to provide platforms to register and maintain your companies with minimum disruption and deeply regret that with the transition to the upgraded systems, we were not able to deliver the high standard that you have come to expect from the CIPC. In this regard, I humbly apologise.

To migrate back to the old platforms, we will need to shutdown the E-services and BizPortal platforms from 12h00 today, until Monday 23rd January 2023 at 07h30. We will ensure that this process is done in the most efficient and seamless way. We do however request that you bear with us during the rollback as we might experience teething problems. We will endeavour to ensure that the system is fully functional and that all data from previous and current transactions is retained. We commit to continuously updating you on progress of the rollback and the administrative actions taken.

We will continue focusing our efforts on reducing the regulatory administrative burden by creating ease, simplicity, and flexibility in the formation, maintenance and compliance by companies. We will never stop finding better ways to serve you. We will remain relentless in making it easy to do business in SA, thereby contributing to the efficiency, growth and sustainability of your enterprises. We appreciate and thank you for your patience and understanding with us as we migrate back to the previous platforms and be assured of our best intentions to serve you better at all times. Sincerely and at your service.

Rollback of services platforms

Update: System challenges with the implementation of enhanced eservices and BizPortal platforms

by | Jan 14, 2023 | Notices

Dear customers,
The CIPC wishes to thank you for your patience with the transition to the new E-services and BizPortal platforms. The CIPC appreciates the feedback received via email, logged queries and through social media platforms. Since the migration of the transacting platforms on Monday, 9 January 2023 to Thursday, 12 January 2023, over 20 000 transactions were processed successfully.

The CIPC has worked on challenges with the implementation of the system. The following issues have been resolved:
1. User Login Error

2. Login Validation Errors
3. System Performance Improvement
4. Disclosure Documents not sent to Customers/Incorrect document
5. Duplicate name reservations
6. Dispatch of certificates and missing / incorrect data on certificates. Dispatch is running and customers should receive their certificates by 15 January 2023.

The CIPC team is still working on resolving issues with ‘Foreign Director Assurance’ and the migration of names from the old system to new systems. While the above is resolved, there may be isolated cases/issues experienced by customers and for these we request that queries be logdged so that these can be attended to.

Troubleshooting:
-When handling multiple transactions that have fees, you can add the items to your cart and at the end of transacting, make a once off payment for all items in your cart.

-The CIPC has started arranging troubleshooting webinars. Two sessions were conducted on 13 January 2023. More sessions are planned for next week. Recording of the sessions can be accessed on our Facebook and You Tube pages.

-The CIPC will also post troubleshooting tips for common issues on social media sites.

Customer queries:
Customers are requested to log tickets and provide detailed description of the errors and challenges experienced. We request that customers please include the webpage, the picture of the error and the entity name and number. The CIPC wishes to extend an apology to affected customers for the inconvenience caused.

Customer query contacts:
– Call centre: 086 100 2472 – Kindly note that there might be delay in answering calls due to the high call volumes during the transition period.
– QRS: https://enquiries.cipc.co.za

Update: challenges with the enhanced e-Services and Bizportal platforms

A note from the patent office

by | Jan 12, 2023 | Notices

Year 2023 is already in full swing as we now rarely receive out-of-office replies. As the Patent Office, we would like to wish all patent attorneys and practitioners, members and non-members of the South African Institute of Intellectual Property Law (SAIIPL), a prosperous and healthy 2023.

The beginning of the year is an opportune time for reflecting on the previous year, sharing observations of the yesteryear, and to shed some light on new possibilities. First, we would like to thank members of various organizations, including SAIIPL and Pretoria Lawyers Association, for constantly cooperating and engaging with the Patent Office, in its efforts to improve services. Over the past year, continuous engagements with the practitioners has enabled the Office to identify areas of concern, calling for improvements on our side. This year, our efforts will be focused on modernizing our systems to ensure efficient registration and maintenance of patent and design rights. However, the efforts of the Patent Office will only yield meaningful outcome if we continue to cooperate and make a step further from where we ended the race in 2022.

In 2022, the Patent Office received 13976 patent applications. This number translates to an increase of 28%, compared to 2021.  A closer look at these numbers reveals that 46% applications were derived from PCT international applications and 34% were filed by foreign applicants as first instance applications, claiming no priority. The Patent Office, like all stakeholders who make use of the South African Patent system or patent data, is interested in better understanding this apparent increase. Is it a bubble, a sustainable increase or a reflection of ills of our depository system? Interestingly, a majority of these first instance foreign applications were accompanied by requests to expedite their acceptance.

Although the Patent Office is not officially performing substantive examination of patent applications, the Office does have limited capacity to identify patent applications that patently do not meet intrinsic and/or extrinsic patentability requirements. The Office is therefore in a position to inform the practitioners that a reasonable and perturbing number of first instance foreign applications are merely replicas of inventions which were already applied for and published in other jurisdictions. Upon entry into South Africa, these applications claim no priority and are in the name of other/different applicants in foreign jurisdictions. The Netherlands Patent Office recently wrestled with the same phenomenon and as of 01 September 2022, the Netherlands Patent Office rejects “re-used applications” on the grounds of abuse of law or legal process.[1] As the South African Patent office, we view the above-mentioned issue as manifest abuse of the depository patent system.

As a general principle, and in terms of the current legislation, patent applicants are required to appoint qualified patent attorneys or agents to file and prosecute complete patent applications at the Patent Office. Therefore, the “re-used applications” pass through the hands of qualified patent attorneys, and are accompanied by signed declarations and prescribed forms.  In this regard, our office is grappling with the question of whether there is a duty on patent applicants and their representatives to conduct filing and prosecution of patent applications in good faith. It can be implied from some of the judgements that patent applicants have a duty of good faith.  For instance, in Gallagher Group Ltd v IO Tech Manufacturing (Pty) Ltd, the court emphasized that “It is in the interest of public policy to ensure that patentees only file patents for inventions which they believe are valid, thereby protecting the patent system against abuse.”[2] Recently, the Constitutional Court has confirmed that the doctrine of unclean hands may find application in patent litigation.[3] The decision of the apex court opens a question of whether the doctrine of unclean hands can be successfully raised in circumstances where the patent applicant did not conduct filing and prosecution of the patent application in good faith.

We therefore appeal to all practitioners to use the current system in a manner that preserves its shaky credibility. In the course of 2023, we will monitor the influx of the “re-used applications” and put measures in place to deal with such abuse of the system.

As we begin 2023, we look forward to continued cooperation. And once again, we extend our best wishes for 2023.

 

A note from the patent office

 

 

System challenges with the implementation of enhanced eServices and Bizportal platforms

by | Jan 9, 2023 | Notices

Dear customers/media,

 

Today, 9 January 2023, the CIPC announced a migration to upgraded e-services and BizPortal platforms, aimed at providing a paperless; faster, company registration and maintenance system. With all rigorous testing and retesting conducted, it is expected that with projects of this magnitude, there would be teething problems experienced. It is unfortunate that the biggest issue experienced was out of the CIPC’s control. The Department of Home Affairs (DHA) experienced system issues, which the CIPC relies on for verification, earlier today. This resulted in some customers not being able to submit new applications and/or received error messaging for OTP verification.

The relevant back office staff is attending to the delays caused by this. There may be isolated issues the CIPC may not be aware of and therefore encourages customers to log fault tickets on the “Query Resolution System (QRS), so that these issues are speedily resolved.

The CIPC wishes to extend an apology to affected customers for the inconvenience caused to them.

Customer query contacts:

Call centre: 086 100 2472

Mail: enquiries.cipc.co.za

Media enquiries:
Enquiries: Charmaine Motloung
E- Mail: cmotloung@cipc.co.za

 

System challenges with the implementation of enhanced eServices and Bizportal platforms

CIPC – Changing of payment method

by | Nov 23, 2022 | Notices

Dear Customer

In an effort to continuously improve our customer service offering, the CIPC has taken a strategic decision to phase out the current payment platform of Electronic Funds Transfer (EFT) where customers often make bulk deposits into a customer code and transactions being deducted as and when a service is used. From the 5th December 2022, the CIPC will only accept debit/credit card payment method for transactions on the CIPC electronic platforms; however, EFTs and declining balances will be permitted for manual transactions.

CIPC – changing of payment method