SOUTH AFRICAPatent Applications

Paris Convention ✓
Examination ✘

Patent Filing Requirements

Power of Attorney
Must be filed within 6 months of the filing date.

Specification, claims, drawings and abstract
The specification, claims, drawings and abstract are required upon filing. If the specification was not filed in English, a translation must be filed within 3 months of the filing date.

Deed of Assignment
(no set deadline).

Proof of the use
A Statement of the use of indigenous biological resources, genetic resources and traditional knowledge/use, which must be filed within 6 months of the filing date

Priority Document (if applicable)
(if applicable), which must be filed within 6 months of the filing date.

Patent Filing Information

31 months from earliest priority date for entering national phase under PCT.


The patent has a duration of 20 years from the date of filing or the PCT International filing date, with no possible extensions.

Maintenance fees / Renewal fees
Annual maintenance fees are payable from the third anniversary of the filing date or from the PCT International filing date.  There is a 6-month grace period to pay the maintenance fees.

South Africa Patent Agents

Smit & van Wyk, Inc. patent agents in Africa: Our services include patent filings, maintenance and protection in South Africa. The patent and trade mark attorneys at our firm are dedicated individuals, skilled in their fields of practice, and can provide clear advice on complex legal matters to clients from all over the world.