agency patents

non-convention applications

Patent applications filed without any claim to priority are subject to absolute novelty requirements, i.e. the patent application must be filed before the invention has been made available to the public (whether in the Republic or elsewhere) by written or oral description, by use or in any other way. Certain disclosures are excused and do not destroy the novelty of an invention.

convention applications

The time limit for filing a Convention application is 12 months from the date of the first priority application in a Convention country. No extension of time is obtainable.

pct and national phase applications

The time limit for entering National Phase in South Africa is 31 months from the earliest priority date. However, the Registrar of Patents has a discretion to extend the time limit by a maximum of 3 months on application made before or after the expiry of the 31 month period. It is not necessary to show good cause when applying for an extension of time and the Registrar has not been known to refuse such an application for an extension of time. To enter National Phase, South Africa must have been designated in the PCT Request. However, with the amendments to the PCT Regulations, all PCT member states are automatically designated in a PCT Request unless the applicant specifically excludes certain states.

Where the anniversary of the priority date falls on a weekend or public holiday, the application must be filed on the first working day following the weekend or public holiday if the claim to priority is to be maintained.