Frequently Asked Questions
These IP FAQs South Africa cover the questions our attorneys answer most often – about patents, trade marks, designs, copyright, costs, timelines, and what a South African IP attorney can do for your business.
Patents
How long does a South African patent last?
A South African patent gives 20 years of protection from the filing date of the complete patent application, provided annual renewal fees are paid from year 3 onward.
Does South Africa examine patent applications for novelty?
No. South Africa operates a depository (non-examining) system. As long as the formalities are met, the patent is granted. Validity is only tested if the patent is challenged or enforced.
What’s the difference between a provisional and a complete patent application?
A provisional secures your filing date for 12 months while you develop the invention. A complete application is the full specification (description + claims) and must be filed before the provisional expires for the patent to proceed to grant.
How long does the SA patent process take?
A provisional is filed almost immediately. A complete is then filed within 12 months. Grant of a complete patent typically follows 6 to 12 months after filing.
Trade Marks
How long does a trade mark take to register in South Africa?
Between 18 and 30 months from filing, depending on examination backlogs at CIPC and whether oppositions are raised. The trade mark is enforceable from the filing date once registered.
How much does a trade mark cost in South Africa?
Official CIPC fees plus attorney fees. Total per class typically ranges from R2,590 for filing, with additional costs if oppositions or refusals arise. We provide a written quote upfront.
What is a class?
Goods and services are grouped into 45 international classes. A trade mark is registered for specific classes – you pay per class. Most businesses register in 1-3 classes.
How long does a trade mark registration last?
10 years, renewable indefinitely for further 10-year periods.
Designs
What’s the difference between an aesthetic and functional design?
Aesthetic designs protect appearance (shape, pattern, ornamentation). Functional designs protect the configuration of an article necessitated by its function. They have different protection terms (15 years for aesthetic, 10 years for functional).
What’s the difference between a design and a patent?
A patent protects how something works.
- A patent is for functionality or technology.
- A design is for appearance or aesthetics.
Copyright
Does copyright need to be registered in South Africa?
No – copyright arises automatically when an original work is created and fixed in a material form. Only cinematograph films can be registered with CIPC for evidentiary purposes.