SOUTH AFRICAN NATIONAL PHASE PATENT
South African patent law permits:
You need not make an amendment to the South African national phase patent to remove any of the above.
The "standard" deadline for filing a South African national phase patent application is 31 months from the earliest priority date, extendable to 34 months. We do not charge an additional fee (or pass on the corresponding official fee) to extend the deadline to 34 months. Whether the South African national phase patent application is filed by the 30 month, 31 month or 34 month deadline, the filing fee remains US$399. No special arrangements are required to file the application during the extension period, as our system calculates whether an application is filed during the 3 month extension period and automatically submits a request to late‐file the application.
Note: our online filing system only files South African national phase patent applications after publication of the PCT patent application (which typically occurs 18 months from the priority date).
South Africa only examines pharmaceutical patents. All other properly filed patents are GUARANTEED to be accepted.
The South African national phase patent application (as filed) must mirror the PCT application on file at WIPO. Changes to the applicant details / patent claims may only be made after filing.
The South African national phase patent specification must be in English. If the published PCT patent specification is in another language, an English translation must be uploaded on to our system.
Our South African agents
S&Z Patent and Trademark Attorneys ‐ a South African law firm that provides patent services to most South African multinational companies, Regulators and Universities. S&Z can also assist with South African tax, exchange control and licensing issues. You are free to contact and deal with our agents directly.
PCT publication number
This is a mandatory field, as we do not file South African national phase patent applications prior to publication of the PCT patent application.
If the PCT patent specification is in a language other than English, use the English translation of the PCT patent application title.
Input only the main four-character class (e.g. B65D), as per the published PCT patent application. The more detailed category (e.g. 7/02) can be omitted.
If the PCT patent specification is in a language other than English, use the English translation of the abstract.
Applicant change of name / address or assignment
The applicant details in the South African national phase patent application must mirror the PCT applicant details as published on the WIPO website. Any additional change of name, change or address or assignment may only be recorded after filing the South African national phase patent application.
E.g. "Director", "Vice-President", "Member", "Trustee".
Only amendments that were properly lodged with WIPO may be extended to the South African national phase patent application on filing. We therefore suggest only including amendments made during the PCT phase where the amendments have been published on the WIPO website. If an amendment has not properly been lodged at WIPO and has been extended to the South African national phase patent application on filing, a correction of the South African national phase patent specification will need to be made at an additional cost. Additional amendments can only be made to the South African national phase patent claims after filing.
If the priority document was lodged with WIPO, neither the priority document, nor an English translation thereof is required. However, if the priority document was not lodged with WIPO: a copy must be uploaded; and, if the document is not in English, an English translation certified by the translator as a "true translation" must be uploaded.
Documents for signature
Declaration forms P3 and P26, and a Power of Attorney (authorising our agent S&Z Patent Attorneys to file the application) must be downloaded from our system, signed, scanned and uploaded as a PDF document. No legalisation, notarisation or commissioning is required and the original signed documents do not need to be lodged at the South African Patents Office. If the applicant is not the inventor, proof of assignment or a signed confirmatory deed of assignment (downloaded from our system) can be signed and uploaded. Where an applicant files the South African national phase patent application directly (i.e. not via his agent / attorney), the simplest is to use the e-signing facility, which appends the electronic signature to all required forms.
Applicants may request that a registered South African patent attorney reviews the South African national phase patent application input details and uploaded documents to confirm that they are correct prior to filing the application. No changes will be made without your approval. The cost of this review is only US$49.
Payment must be made by credit card. The system does not accept bank transfers or EFT payments.
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