PCT Applicant's Guide South Africa - Valid as from 1 Jan 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 1 January 2024

(published on 19 September 2024)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, Current Version

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Companies and Intellectual Property Commission (CIPC) (South Africa)

PA: Patents Acts 1978

Reg.: Patent Regulations 1978

List of currencies used in this document:

ZAR (South African rand)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

South Africa

Two-letter code:

Name of Office:

Companies and Intellectual Property Commission (CIPC) (South Africa)

Location:

77 Meintjies Street
Block F
Sunnyside
Pretoria 0002
South Africa

Mailing address:

Intellectual Property:
Private Bag X400
Pretoria 0001
South Africa

Telephone:

(27-12) 394 50 01
(27-12) 394 50 84

E-mail:

epct@cipc.co.za

Website:

http://www.cipc.co.za

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission, if the transmitted document is the international application, a replacement sheet containing corrections or amendments of the international application, or a power of attorney

No, only upon invitation in the case of other documents

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents,

Patents of addition

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

South Africa

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

For the relevant notifications by the Office, see Official Notices (PCT Gazette) dated 4 June 2015, pages 92 et seq. and 1 December 2022, pages 322 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

AU,

EP,

Competent International Preliminary Examining Authority:

AT,

The Office is competent only if the international search is or has been carried out by that Office or by the Austrian Patent Office.

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

525 ZAR

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

27,820 ZAR

Fee per sheet in excess of 30:

310 ZAR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

4,180 ZAR

Electronic filing (the request, description, claims and abstract in character coded format):

6,280 ZAR

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(EP)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

210 ZAR

Is an agent required by the receiving Office?

No, if the applicant resides in South Africa
Yes, if the applicant is a non-resident

Who can act as agent?

Any patent attorney or partnership registered before the Office

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may also be made for the purposes of patent procedure before the Companies and Intellectual Property Commission (CIPC) (South Africa) with any depositary institution.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

English

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Filing fee

590 ZAR

First annual fee

The first annual fee is due within three years from the international filing date.

130 ZAR

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Appointment of an agent if the applicant is not resident in South Africa

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of six months.

Proof of assignment or transfer of rights where the applicant is not the inventor

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Proof by the applicant concerning his right to claim priority of the earlier application, if he did not apply himself for that earlier application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Verified translation of the international application to be furnished in duplicate

Who can act as agent?

Any patent attorney registered before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

ZA.01 FORM FOR ENTERING THE NATIONAL PHASE

PA Sec. 42E(1), Reg. 67B
The Office has available a special form for entering the national phase (refer to Annex ZA.II).

ZA.02 AMENDMENT OF THE APPLICATION: TIME LIMITS

PA Sec. 43F(3) (k)
The applicant may amend or correct the claims, description and drawings in the international application at any time before the grant of the patent provided that:

— the amendment does not introduce any new matter in the disclosure of the invention; and

— the specification as amended does not include any claim which is not fairly based on matter disclosed in the specification prior to the amendments.

ZA.03 CONDONATION OR CORRECTION OF IRREGULARITIES IN PROCEDURE

PA Sec. 89
The Registrar or Commissioner of Patents may authorize the condonation or correction of any irregularity in procedure in any proceedings before him, provided that such condonation or correction is not detrimental to the interests of any person.

ZA.04 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and this chapter is outlined in Annex ZA.I.

ZA.05 POWER OF ATTORNEY

PA Sec. 30, Reg. 8, Reg. 22(1), Reg. 33
An agent must be appointed by filing a power of attorney if the applicant is not resident in South Africa. If a power of attorney is not filed at the time of entry into the national phase, it may be filed within six months from the date of filing of the application. The Registrar may, upon request of the applicant, extend the time for filing the power of attorney.

ZA.06 RENEWAL FEES

Sec. 46(1), Reg. 48(1)
The first renewal fee is payable before the expiry of the third year from the international filing date and thereafter, annually, till the expiry of the patent. The amounts of the renewal fees are indicated in Annex ZA.I. A special form is to be used for the payment of these fees (refer to Annex ZA.III). The Office does not issue a reminder to the applicant for the payment of the renewal fees.

Annexes

Annex ZA.I - Fees

National fee:

— application accompanied by a complete specification (Section 30(1))

590 ZAR

Fee for late claiming of priority, per month or part thereof (Section 31(1)(i))

50 ZAR

Application to the Registrar:

— to claim priority (Section 30(7))

50 ZAR

— to amend or to lodge a fresh application (Section 37)

50 ZAR

— for correction of clerical errors and amendment of documents (Section 50)

90 ZAR

Fee for late filing of documents (Sections 30(6) and 32)

50 ZAR

Renewal fees (Section 46(1)):

— before expiration of the 3^rd year

130 ZAR

— before expiration of the 4^th year

130 ZAR

— before expiration of the 5^th year

130 ZAR

— before expiration of the 6^th year

85 ZAR

— before expiration of the 7^th year

85 ZAR

— before expiration of the 8^th year

100 ZAR

— before expiration of the 9^th year

100 ZAR

— before expiration of the 10^th year

120 ZAR

— before expiration of the 11^th year

120 ZAR

— before expiration of the 12^th year

145 ZAR

— before expiration of the 13^th year

145 ZAR

— before expiration of the 14^th year

164 ZAR

— before expiration of the 15^th year

164 ZAR

— before expiration of the 16^th year

181 ZAR

— before expiration of the 17^th year

181 ZAR

— before expiration of the 18^th year

206 ZAR

— before expiration of the 19^th year

206 ZAR

Extension fee for payment of renewal fees (Section 46(2)

90 ZAR

— thereafter for each month or part thereof (not exceeding five months)

50 ZAR

Application to restore lapsed patent (Section 47(1))

286 ZAR

Application to amend a provisional specification (Section 51(1))

70 ZAR

Application to amend a complete specification:

— before it is open to public inspection (Section 51(1))

70 ZAR

— after it is open to public inspection (Section 51(1))

242 ZAR

Fee for opposition in proceedings before the Registrar

90 ZAR

Fee for inspection of any file, document or register

4 ZAR

How can payment of fees be effected?

The payment of fees should be effected in South African rand using the Office’s customer account. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the type of fee being paid, as well as the CIPC customer code

For further details on how to create an account, please refer to:
http://www.cipc.co.za/index.php/register-your-business/banking-details/

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex ZA.II - National Processing Form

Annex ZA.III - Payment and Certificate of Renewal

Processing

WIPO - PCT Applicant's Guide ZA - South Africa Companies and Intellectual Property Commission (CIPC) (South Africa)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide ZA - South Africa
Companies and Intellectual Property Commission (CIPC) (South Africa)