MyPatent.co.za

Step 1:  Conduct a patent novelty search

Search the patent databases to confirm whether your invention / features of your invention are new.

Try our free Patent Search Tool.

Time:  A day or two

Cost:  Free

Step 2:  Develop the novel (new) features of your invention until you are comfortable entering the “commercialisation” phase

During this phase, ensure that all disclosures are made on a confidential basis.

Select a suitable confidentiality undertaking from our website.

Remember that if someone else files a patent application for the same invention before you, your rights in your invention may be limited.

Ensure you claim your 150% R&D tax incentives (s11D) – for every R100 spent, you could get R60 back! Read our R&D Tax Tool and get to grips with this section. 

(We are in the process of developing a database of industry contacts that provide specialist services (e.g. prototyping, design, tooling) at a reasonable price)

Time:  Keep this period as short as reasonably possible.

Cost:  Free

Step 3:  Draft and file a provisional patent application

File a provisional patent application that covers the new features of your invention.

Note: a provisional patent application does not become a patent. It merely “pegs” the date on which the novelty of your complete patent will be determined.

Save costs by drafting and filing the application yourself using our free File your own Patent Tool.

If required, we could prepare your drawings for R500.

Time:  Couple of weeks

Cost:

R60 - if you draft and file the application yourself

R600 - if you draft the application and ask S&Z to complete the forms and file it for you

R1,250 - if you draft the application and ask us to review, provide comments and file

R4,950 - if you ask S&Z to draft and file the application

Note: Although it is possible to file a complete patent application in the first instance (i.e. without first filing a provisional patent application), this is only advised where the invention is “final” and patent protection is sought in South Africa only.

Step 4:  Commercialise your invention

Either put the invention into practice yourself or start targeting potential licensees. Remember that you need either (i) to generate sufficient income to fund the future international patenting costs (see below), or (ii) to find a licensee that is prepared to absorb the costs of patenting in his licensed territory.

If you intend to sell your patent, try our free IP Valuation Tool.

Time:  During the period 12 to 30 months following filing of the provisional patent application

Step 5:  File a PCT patent application (if you intend to secure patents in three or more foreign territories) OR file a complete patent application in South Africa

The PCT patent application is merely a filing system and does not in itself result in a patent. The PCT system postpones the date on which foreign patents must be filed by 18 months and provides you with a search report in the interim. Calculate the cost of a PCT application using our PCT Cost Calculator.

If patent protection is only required in South Africa, file a South African complete patent application (which must be signed by a local patent attorney). Steps 6 and 7 will then not apply.

Time:  The PCT / complete patent application must be filed within 12 months following filing of the provisional patent application

Cost:   

PCT: R13,700 to R55,000, depending on whether the applicant is an individual or a company, a South African national and resident, and the search authority selected.

Complete: If you ask S&Z to draft and file the application:

R6,950 - where the provisional patent application was not drafted by a patent attorney

R4,500 - where the provisional patent application was drafted by us

R5,200 - where the provisional patent application was drafted by another patent firm

Step 6:  File “national phase” patent applications in each country where patent protection is required

Time:  18 months following filing of the PCT application / 30 months following filing of the provisional patent application

Cost:  Variable, generally between R10,000 and R30,000 per national phase patent application

Step 7:  Prosecute the national phase patents to grant

Your patent attorneys argue with the examiner in each country and (where necessary) amends the patent specification until the examiner is convinced that the patent is valid. Only thereafter does the patent proceed to grant and the patent rights become enforceable.

There is no guarantee that your patent will be accepted by the examiner.

(South Africa is not an examining country. As long as the forms are in order, the patent application will proceed to grant. That is one of the reasons why South Africa is one of the cheapest countries in the world to file patents)

Time:  A period of 1 to 3 years following filing of each national phase patent application

Cost:  Variable, generally between R10,000 and R60,000 per national phase patent application (depending on the degree of interaction with examiners)

Step 8:  Maintain the patents

Typically annual renewal / maintenance fees are payable in respect of the patents / patent applications.

Time:  Annual payments

Cost:

South Africa:

Foreign:

Depends on country, typically between R1,000 and R3,500 per year

Step 9 (Optional):  File a design application in parallel with your patent

Designs are comparatively cheap and are quicker and easier to enforce against “copycats”.

If you follow the PCT route, you would generally only be able to enforce your South African patent against infringers 47 months after filing the provisional patent application! Designs are generally enforceable 6 months following filing.

Save costs by drafting and filing the South African design application yourself using our free File your own Design Tool.

If required, we could prepare your drawings for R730.

Time:  A couple of days

Cost:   

R240 - if you draft and file the application yourself

R730 - if you draft the application and ask S&Z to complete the forms and file it for you

R1,500 - if you draft the application and ask S&Z to review, provide comments and file

R3,850 - if you ask S&Z to draft and file the application

R950 for each subsequent application in a different class

Further reading: Financing Patent Costs, How to Reduce your Patent Costs

[See our Patent Costs and Free Patent Tools]