MyPatent.co.za

South African national phase patent process (PDF version)

South Africa is one of the simplest and cheapest countries in which to extend international PCT national phase patent applications.

 

The following documents must accompany a South African national phase patent application:

 

Form P2  (completed by S&Z)

Form P3  (sent to you for signature)

Form P8  (completed by S&Z)

Form P25  (completed by S&Z)

Form P26  (sent to you for signature)

Power of Attorney  (sent to you for signature)

Confirmatory Deed of Assignment  (sent to you for signature)

Copy of the patent specification  (to be provided / downloaded from WIPO)

 

Our Patent Office does not examine patent applications and, provided the application has properly been lodged, it will be accepted within 6 to 9 months from filing. Once accepted, the application must be published in our Patent Journal. This takes 2 to 3 months and once published, the patent is deemed to have been granted.

 

Fees

 

The typical cost to file a South African national phase patent applications is:

 

Firm (2009)	Firm A	Firm B	Firm C	Firm D	Firm E	Firm F
File and prosecute	$2,050	$1,650-1,850	$1,320	600-2,000 Eu	$890	884 Eu
Vetting	(Incl in above)	$100-200	(Incl in above)	50-500 Eu	$150/h	(Incl in above)
Amendment	$500	$400-1,000	$330-530	100-900 Eu	+-$200	200-400 Eu

 

S&Z offers the most affordable patent filing services available. Our fixed fee to:

- prepare and file a national phase patent application (including official fees);

- prosecute the application to grant; and

- arrange publication of acceptance (including official fees),

is only US$585 / 460 Euros.

(Subject only to significant fluctuations in the Rand exchange rates)

 

Our fees are fixed. In other words, irrespective of the length of the specification, vetting or amendment, our fees will not change.

 

There are no hidden costs or fees.

 

Ancillary services

 

Vetting:

A couple of firms “vet” national phase patent applications to ensure that the specification conforms to our law. However, this is not necessarily required, as most inconsistencies can be remedied by amendment post grant.

 

Our fixed fee for vetting a national phase patent application is US$160 / 125 Euros.

 

Should you wish to make amendments suggested in the vetting letter, our fixed fee for effecting such amendment pre-grant is US$410 / 325 Euros.

 

Amendment:

Amendments can be made both before and after grant of a patent. However, following grant, amendments cannot have the affect of broadening the scope of the claims.

 

Once foreign patent applications have proceeded to grant, we suggest amending the claims of the South African application to bring the South African patent claims in line with examined, corresponding foreign patent claims. However, you should only consider making such amendments 2 to 3 years after filing the South African application.

 

Our fixed fee for preparing, lodging and advertising an amendment (incl. official fees):-

-  before grant is US$410 / 325 Euros

-  after grant is US$500 / 395 Euros

 

Translations:

All national phase patent specifications must be filed in English. If the specification has been drafted in another language, the application will need to be translated. We will arrange translation of the specification, if required.

Renewals

 

We suggest that you pay renewals for all 20 years immediately following grant. Our fixed fee for renewing the patent for the entire 20 year term is US$755 / 595 Euros. Alternatively, we will include your patent on our renewal database and send you annual reminders.

 

In other words, you can secure a South African national phase patent and pre-pay all renewal fees for the entire 20 year period for only US$1,340 / 1,055 Euros.

 

Note: Were a patentee pays all 20 years of renewals on an annual basis, he can typically expect to pay between R30,000 and R45,000 in renewal fees. (Our fees are substantially reduced)

To instruct us to file your national phase patent application,

 

please contact Paulo Lopes:

 

email:  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 

tel:      +27 83 233 4582

* All services are provided through Sibanda & Zantwijk Patent Attorneys

 

 

 

 

MyPatent files PCT patents for South African and foreign clients