If you’ve created a new invention, getting a patent is a crucial step in protecting your rights. In South Africa, the law of patents is governed by the Patents Act, No. 57 of 1978. A South African patent gives you the exclusive right to prevent others from making, using, importing, or selling your invention in South Africa for up to 20 years. To keep your patent active, you’ll need to pay annual renewal fees.

What Can Be Patented?

You can apply for a patent for any new invention that:

• Is different from anything else available to the public anywhere in the world.
• Involves an inventive step, meaning it’s not obvious to someone skilled in that area.
• Can be used in trade, industry, or agriculture.

Inventions can include products, devices, methods, or even computer-related inventions.

The Patent Application Process

To protect your invention, you’ll need to file a patent application with the South African patent office. There are two types of applications:

1. Provisional Patent Application: This secures your filing date (also known as the priority date) for a 12-month period while you develop your invention. You will still have to file a complete patent application before the expiry of the 12-month period to obtain a granted patent.
2. Complete Patent Application: This fully describes your invention and includes the “claims” section, which defines the protection scope.

If you’ve already filed a patent overseas, you may also be able to claim priority under international agreements like the Paris Convention or the Patent Cooperation Treaty (PCT).

Did You Know?

South Africa has a “depository” system, which means that patent applications are not examined for novelty or inventive merit. As long as the formalities are met, your patent will be granted!

What Happens If Someone Infringes Your Patent?

If someone uses your patented invention without permission, you can take legal action to stop them. Remedies include:

• Court orders (interdicts) to stop the infringer.
• Compensation for damages or royalties.
• Legal costs.

Why Choose Us?

At Wolmarans and Susan Inc., our patent attorneys are also qualified engineers with extensive experience in engineering fields, medical technology, chemistry, and life sciences. This unique combination of legal expertise and technical knowledge means we are well-equipped to handle even the most complex inventions.

We assist with patent applications both in South Africa and internationally, ensuring your innovations are protected in all key markets.

How We Can Help 

Our professional services include:

• Preparing and filing South African, international, and foreign patent applications.
• Preparing conducting patent searches to check if your invention is unique.
• Legal opinions on the validity and enforceability of patents.
• Conducting infringement searches (also known as freedom-to-operate searches) to check if your invention would infringe on a third party’s patent.
• Enforcing your patent rights and defending against infringement claims.
• Helping you commercialise your invention through licensing. 

Contact us today to discuss how we can protect your invention!