South Africa is a member of the Patent Cooperation Treaty
30/12/2002

South African nationals or residents are able to use the PCT filing procedure for international applications filed in South Africa or elsewhere. This procedure is dealt with more fully in the A&A information pamphlet on foreign filings, a copy of which will be made available on request. Nationals or residents of other PCT member countries are now able to designate or elect South Africa in PCT international applications filed in other member countries.

Enabling legislation enacted in 1997 deals with different aspects of PCT applications and their effect in South Africa, including the following:

• An international application designating South Africa is deemed to be an application lodged at the South African patent office.
• The applicant in a PCT international application electing or designating South Africa must within a prescribed period pay the national fee and lodge a translation in an official language of South Africa (if the international application is not in English), failing which the application shall be deemed to be abandoned.
• For purposes of processing an application designating South Africa during the national phase, the applicant must be represented by a local agent. "Agent" is defined in the Patents Act as a patent agent or a patent attorney registered as such by the registrar.
• The date of the international application, and thus of the South African application, will be the international filing date accorded in terms of the PCT.
• The description, claims, drawings and abstract of the international application will be deemed to constitute a complete specification as required by the South African Patents Act.
• The national phase South African application must be accepted by the South African registrar within 12 months from the date on which the national fee and translation (if applicable) have been lodged.
• The national phase South African application becomes open for public inspection in South Africa when the application has been published in terms of PCT.

A set of PCT regulations has been promulgated to form part of the South African Patent Regulations, 1978. These regulations prescribe the procedural and formal requirements to be complied with in the case of PCT applications.

Since South Africa is a non-examining country, patent searches and examination will take place at one of a number of designated Patent Offices. The Patent Offices of the US, EPO and Australia have been designated.

It should be borne in mind that national phase PCT applications filed in South Africa will have been subjected to examination during the international phase and prior to filing in South Africa, thereby delaying grant of a patent.

However, normal convention or non-convention patent applications are not subjected to any examination and can therefore result in early grant of patents (often within a year of filing in South Africa) at relatively low cost. In the case of important inventions, particularly those where early grant is important, or inventions of marginal inventive step, it may be advantageous to file an ordinary convention or non-convention application in South Africa rather than to proceed via the PCT route, thereby avoiding examination as to patentability.

While South Africa has only now joined the PCT, we have had considerable experience in filing international PCT applications and as well as national phase PCT applications throughout Africa and the Middle East, and we would be pleased to be of assistance to you in filing such applications.