The South African (ZA) Patents and Designs Acts define what inventions and designs are eligible for protection in this country. Various international treaties also have to be taken into account in determining whether or not an invention or design can be protected here. Our advice in this regard is readily available on request and, subject to reason, is freely given. As you might know, there is no substantive examination of patent and design applications in South Africa, and no opposition procedure, so that if the formal requirements are in order, a patent or design application will be granted.

 

However, at any time after grant, the patent or design registration can be revoked, on application to the court by a third party, on any one of a number of prescribed grounds. The applicant cannot rely on an examiner to draw attention, while the application is pending, to deficiencies in the application, and the onus is therefore on the applicant to ensure, as far as possible, that his invention or design satisfies the ZA requirements for registrability.