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

Valid from 1 January 2023
NOTE: An updated version effective from 1 May 2023 is available for consultation here.

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
List of related countries and Offices used in this document:
AT: Austria – Austrian Patent Office
AU: Australia – Australian Patent Office
EP: European Patent Office (EPO)
IB: International Bureau of WIPO
US: United States of America – United States Patent and Trademark Office (USPTO)
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).
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5)
Status as of 22 October 2020
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:
ZA
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:
Facsimile:
None
Does the Office accept the filing of documents by means of telecommunication (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)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB, 
ZA
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.
ZA
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:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
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 receiving Office”).
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)).
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, 
US
Competent International Preliminary Examining Authority:
AT, 
AU, 
EP 1, 
US 2
Fees payable to the receiving Office:
Transmittal fee:
525 ZAR
International filing fee:
24,230 ZAR
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
270 ZAR
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
3,640 ZAR
Electronic filing (the request, description, claims and abstract in character coded format):
5,460 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
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?
No
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 3
Proof of assignment or transfer of rights where the applicant is not the inventor 4 5
Proof by the applicant concerning his right to claim priority of the earlier application, if he did not apply himself for that earlier application 4 5
Verified translation of the international application to be furnished in duplicate 4
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 3rd year
130 ZAR
— before expiration of the 4th year
130 ZAR
— before expiration of the 5th year
130 ZAR
— before expiration of the 6th year
85 ZAR
— before expiration of the 7th year
85 ZAR
— before expiration of the 8th year
100 ZAR
— before expiration of the 9th year
100 ZAR
— before expiration of the 10th year
120 ZAR
— before expiration of the 11th year
120 ZAR
— before expiration of the 12th year
145 ZAR
— before expiration of the 13th year
145 ZAR
— before expiration of the 14th year
164 ZAR
— before expiration of the 15th year
164 ZAR
— before expiration of the 16th year
181 ZAR
— before expiration of the 17th year
181 ZAR
— before expiration of the 18th year
206 ZAR
— before expiration of the 19th 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
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office or by the Austrian Patent Office.
2 a The Office is competent only if the international search is or has been carried out by that Office.
3 a 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.
4 a b c 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.
5 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
V. 1 printed on 1 Apr 2023
1.4 #39 - 2023-03-21T14:25:39.551+01:00