HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Design, Trade Mark & Patent Registrations in South Africa

This page contains information on the registration of Designs, Patents and Trade Marks in South Africa. For information on registrations in OAPI affiliated African countries click here, for information on ARIPO affiliated countries click here and for information on other African countries please select the appropriate country from the African Country Map for IP Protection.                   


DESIGN APPLICATIONS View Tariffs

DOCUMENTS REQUIRED FOR LODGING DESIGN APPLICATIONS IN THE REPUBLIC OF SOUTH AFRICA

P.S. According to South African law a design may be protected as an "aesthetic design", in terms of which protection is afforded for the appearance of a design to the extent that such appearance is not solely functional, or by way of a "functional design", in terms of which protection is afforded to features of a design that are necessitated by function. An aesthetic design has to be registered in Part A of the Register and a functional design in Part F of the Register. A design having both aesthetic and functional features can be registered in both Part A and Part F. However, this requires the filing of two applications with the second application costing about two thirds of the first application (as per the above tariffs). If we are not provided with an indication as to which Part of the Register the design is to be filed in, we shall decide ourselves and file in the appropriate Part. However, if it appears that the design should be filed in both parts, we shall contact you first to obtain explicit instructions in this regard.

Furthermore, a single application for a registered design can be filed in a single class only (using the Locarno International Classification for Designs). If protection is required in more than one class, separate design applications have to be filed in each of those classes at the above tariffs. The monopoly afforded by a registered design is restricted to articles which fall within the class or classes in which the design has been registered. If we are not provided with an indication of the class, we shall classify the design ourselves. However, if it appears that the design can be classified in more than one class, we shall contact you first to obtain explicit instructions in this regard.

For filing requirements elsewhere in Africa, please select the appropriate country from the African Country Map for IP Protection.


TRADE MARK APPLICATIONS View Tariffs

DOCUMENTS FOR LODGING TRADE MARK APPLICATIONS IN THE REPUBLIC OF SOUTH AFRICA


PATENT APPLICATIONS View Tariffs

DOCUMENTS REQUIRED FOR ENTERING PCT NATIONAL PHASE IN THE REPUBLIC OF SOUTH AFRICA

With your instructions, if at all applicable, please furnish full name(s) and address(es) of applicant(s), full name(s) of every inventor, and if Convention application, full priority particulars, including date, country, number of basic application(s).

See South African Patents-Memorandum on Prosecuting a PCT National Phase Application in South Africa

DOCUMENTS REQUIRED FOR LODGING CONVENTION AND NON-CONVENTION PATENT APPLICATIONS IN THE REPUBLIC OF SOUTH AFRICA

One copy of each of the specification, abstract and drawings is required for our file record.

With your instructions, if at all possible, please furnish full name(s) and address(es) of applicant(s), full name(s) of every inventor, and if Convention application, full priority particulars, including date, country, number of basic application(s).

Notes:

In South Africa a non-Convention application may be filed with a provisional specification which does not have claims. This must be followed within not more than 15 months by a complete specification which describes the final form of the invention and includes claims.

All documents which are not photocopies of originals must be typed in one-and-a-half line or double spacing, observing the following margins: left 25mm, top 20mm, right 15mm and foot 10mm. Formal drawings require the same margins.

IN URGENT CASES a filing date can be obtained with the following minimum documents:

One copy of the specification in an official language of any Convention country, including one copy of the drawings, OR the number, date and title of the Convention application from which priority is claimed, provided a copy of the specification and drawings is lodged within 14 days of the application.

TRANSLATIONS:

We are able to undertake or obtain translations from German, French and certain other languages into English.

 

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