Patent Law is part of the Intellectual Property Law that provides inventors exclusive rights to manufacture, distribute, and sell their inventions. In South Africa, a patent can last for up to 20 years but must be renewed annually.
The main purpose of Patent Law is to help protect inventors and create a revenue stream for them. This also encourages individuals to develop creative and advanced products that hold long-term benefits.
In this article, we will explore what is Patent Law, the types of Patent Laws in South Africa, and how to register for a patent in South Africa.
Table of Contents
What is Patent Law?
When we examine what is Patent Law, we understand that it helps to monetise inventions and prevents others from copying and manufacturing similar products without permission until the patent is valid. In South Africa, a patent remains valid for 20 years, providing an inventor with exclusive rights over the product.
Patent Law in South Africa requires that an invention meets three requirements. An invention must be a novelty, it should be useful, and it should have inventive features. In addition to meeting these requirements, under the Patent Law, an invention must be completely new and not have previously been patented by someone else.
While researching what is patent law and how it works in South Africa, we discover that the invention should be applicable in trade, agriculture, or industry. The invention should also not be abstract or non-technical to be covered under the South African Patent Law.
At the same time, there is a limitation on what can and cannot be patented under the law in South Africa. Some things which cannot be patented under the South Africa Patent System include scientific theories, business methods, mathematical formulas, natural phenomena, methods of medical treatment, and living organisms.
Understanding what is patent law is important to decide what can and cannot be patented in South Africa. Since this is a specialised field, it is recommended that one meet with a patent attorney to determine if their invention meets all the requirements to be considered useful and inventive.
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What is a Patent?
A patent is a form of intellectual property protection that grants an inventor exclusive rights to their invention for a specific period. This allows the patent holder to monetise their invention and prevents others from manufacturing and selling it without permission. A patent is valid for 20 years in South Africa but needs to be renewed annually to maintain its validity.
When an invention is complete, and the inventor gauges it to be useful, unique, and with inventive features, they can patent it to protect their intellectual property legally. When we examine what is patent law, it becomes clear that it was implemented to encourage innovation without the fear of imitation and infringement.
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How to Register a Patent in South Africa?
In South Africa, all patents are registered with the Companies and Intellectual Property Commission (CIPC), which is a government body responsible for awarding patents. When an individual registers their patent with the CIPC, it prevents others from manufacturing or selling the invention without permission.
Under South African Patent Law, no one can make, distribute or sell a patented product without permission for a maximum period of 20 years. Listed below are the steps a person can take to register a patent in South Africa:
Register as a customer on the CIPC website
The first step is to register as a customer on the CIPC website. This will allow users to conduct detailed search options that are not available to unregistered users.
1. Conduct a Patent Search
It is best to conduct a patent search on the CIPC website before filing for a patent. This will ensure that your invention is applicable for a patent under the guidelines defined by the South African Patent Law.
2. Fill out the Patent Application
Users can choose from a provisional or complete patent application. A provisional application is temporary and is valid for 12 months. A complete patent application includes detailed patent specifications and is valid for a maximum of 20 years.
3. Deposit Funds
To successfully submit a patent application, a user needs to pay the applicable patent fees. As of March 2025, a provisional patent application costs between R12,000 to R 15,000, while a complete application costs between R 25,000 to R 30,000. If Patent Law attorneys are hired, their charges are additional and vary.
4.Apply for Patent and Await Acceptance
Once a user submits their patent application, it usually takes between 9-12 months from the date of filing. It is then published in the Patent Journal, which marks the official acceptance of a patent.
Conclusion
Patent Law is part of Intellectual Property Law and helps to protect the rights of inventors by granting them exclusive ownership of their creations. In South Africa, patents provide legal protection for up to 20 years and prevent unauthorised manufacturing, distribution, and sale of a patented product without permission. Providing protection under Patent Law encourages innovation and promotes technological advancement in society.
Since patent registration is a specialised legal process, consulting a patent attorney is highly recommended to understand the requirements and complete the patent application correctly. Attorneys can also help inventors understand what can and cannot be patented and allow individuals to make informed decisions and launch their intellectual property for commercial success.
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What is Patent Law FAQs – Get Your Answers Here
What is Patent Law?
A Patent Law definition means that it is a legal framework that helps to protect the intellectual rights of inventors. It grants them exclusive permission to manufacture, distribute, and sell their products.
What is a patent?
A patent is a legal right granted to an inventor, allowing them exclusive ownership over their invention for up to 20 years. It prevents others from making, using, or selling the patented invention without permission.
What are the main requirements for a patent in South Africa?
To patent a product in South Africa, it must be unique, inventive, and should be useful.
What cannot be patented in South Africa?
When we examine what is Patent Law, it is easy to discover its limitations. Patents cannot be filed for living organisms, medical methodology, scientific theories, and natural discoveries.
What is the difference between a provisional and complete patent application?
A provisional patent application is temporary and only protects a patent for 12 months, while a complete patent application is more exhaustive and protects a patent for 20 years.
Where to register a patent in South Africa?
A patent can be registered with Companies and Intellectual Property Commission (CIPC) in South Africa.
