Grassroots innovation journey spotlights new pathways
Creating impact in the innovation ecosystem and reaching disadvantaged communities has been central to the Inventor Assistance Program (IAP), helping turn innovative ideas into commercial assets. The IAP is the World Intellectual Property Organization’s (WIPO) flagship project, launched in partnership with the Companies and Intellectual Property Commission (CIPC).
Read more: Grassroots innovation journey spotlights new pathways
Young Ideas — South Africa’s Future Gold Standard, CIPC IP Youth Awards 2026
The Companies and Intellectual Property Commission (CIPC) is proud to announce that they will be hosting the CIPC Intellectual Property (IP) Youth Awards 2026. The Competition is a dynamic platform designed to celebrate bold thinking, fresh innovation, and the next generation of business leaders.
Read more: Young Ideas — South Africa’s Future Gold Standard, CIPC IP Youth Awards 2026
dtic, CIPC AND SPU to host the 6th annual intellectual property and technology commercialisation colloquium
Key stakeholders from government, academia and business will convene in Kimberley, Northern Cape, for a colloquium aimed at strengthening South Africa’s innovation and technology commercialisation ecosystem and unlocking new economic opportunities.
CIPC launches a Case Management System
The Companies and Intellectual Property Commission (CIPC) is pleased to announce the launch of its new Case Management System (CMS), a modern digital platform designed to improve how the public submits and tracks complaints and legal documents.
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Renew your design
An aesthetic design is valid for one period of 15 years and a functional design is valid for one period of 10 years subject to payment of annual renewal fees starting from the end of the 3rd year from the date of filing.
In case the delay in payment of a renewal fee is more than 6 months, the design will lapse and can be restored by completing a request for restoration in terms of section 23(1)[ Reg. 35(1)], accompanied by an affidavit stating the reasons for the delay. The restoration fee is R 260. Please remember that you have to write your CIPC customer code on the form D18.
The decision for restoration is discretionary. If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes, if any. If the request for restoration is not opposed within 2 months from the date of publication in the Patent Journal, CIPC will restore the design upon payment of the outstanding renewal fees. CIPC calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, CIPC will wait for the outcome of the opposition proceedings and will follow the court order thereof.
After your design is filed, only very limited amendments are allowed. Section 27 of the Act deals with amendments to the application and Section 26 allows for corrections due to clerical errors or obvious mistakes.
Amendments under section 27 of the Act can be made to an application any time before or after the registration of the design.
You may request an amendment to your application for a number of reasons. For example:
• change of ownership in the design
• change in the residential or address for service
• to address deficiencies so that the case can proceed to registration
• an error in the representations
• an error in wording in parts of the application.
Scope of the application
An amendment will not be allowed if it increases the original scope of the application.
This means that amendments that introduce new matter that differs essentially from what was shown in the original application will not be allowed.
Change of name of the applicant
To change the name of the applicant you have to request a change of name on Form D4. No evidence of the change is required to be submitted with your request. Please remember that you have to write your customer code on the form D4.
Change of address for service
To change an address, you should submit your request on Form D4 stating what the new address for service is. No evidence of the change is required to be submitted with your request. In case you are represented by an agent, you have to submit the power of attorney in order to record the new address for service.
Assignment Requests
If the ownership of a design has been assigned to another party, you need to record that assignment in order to be valid with respect to third parties. This is done by completing a request for assignment on form D7 accompanied by assignment documents such as a deed of assignment, merger document or sale agreement or any other document to the satisfaction of the Registrar. These documents must include:
- the exact name of the current owner
- name of the new owner
- date of execution of the assignment
- the design number(s) the assignment relates to
- signatures of the assignor. If there is more then one assignor, all signatures thereof.
Please remember that you have to write your CIPC customer code on the form D7.
If your registered design is infringed, or you believe it is being infringed, you should consider approaching a patent attorney to institute an infringement proceedings before the Commissioner of Patents as the case may be.
You can only enforce your design after the registration, but against any act of infringement that took place after the filing date of the design application.
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A Design is about shape and features that appeal to the eye.
Some designs are necessitated by function and others are aesthetic. Design is about the shape, form, pattern, ornamentation and configuration of a product or article.
There are 2 types of designs that one can register:
- An aesthetic design
- Has to be new and original
- Beauty is in its shape, configuration or ornamentation
- Must be able to be produced by an industrial process
- A functional design
- Has to be new and not commonplace
- Where the shape or configuration is necessitated by the function
- Must be able to be produced by an industrial process
The process for applying for registration of your design involves a number of steps.
You need to make sure you understand and complete each step so that your application can be processed quickly and easily.
Protection is afforded to aesthetic designs for one period of 15 years, and to functional designs for one period 10 years.
Registered designs have to be renewed annually before the expiration of the third year, as from the date of lodgment.
Click here to register as a customer.
You may also follow a step-by-step guide.
- R590 for each class category
Patent application:
- R60 for provisional patent application
- R590 for complete patent application or PCT national entry application
Design application:
- R240
Copyright application:
- R510
For bank account details, click here.
Use your 6-character long customer code as a reference when making a deposit.
Complete form D1 – Application and Acknowledgment
It should be lodged (in duplicate for manual filing only)
Enter the classification index (class number) in terms of the Design Classification (Locarno Classification available on the WIPO website).
In case you experience difficulties in defining the classification index, you may apply to the Registrar of Design to do so upon payment of the prescribed fee (R240.00). Please note that you have to write your CIPC customer code on form D1.
Form D2: Register of Designs Complete and lodge (in duplicate for manual filing only)
Form D3: Power of Attorney
Form D6: Definitive Statement (compulsory) and Explanatory Statement (optional except for integrated circuits layout, mask work, or series of mask works where the Explanatory Statement is compulsory) Lodge in duplicate (applicable only for manual filing). The definitive statement should be a description of the features of the design for which protection is sought (e.g. shape, pattern, ornamentation, configuration, as applicable).
Form D8: Publication Particulars Lodge in duplicate (applicable only for manual filing) The “brief statement of features” shall be a single paragraph of not more than 100 words. Essentially this is a combination of the definitive and explanatory statement (as per D6 ) Together with the documentation listed above, “Representations” in the form of drawings, or photographs need to be included. These could be 7 identical representations (only 1 representation is required for e-filing), either drawings or photographs. Each drawing should be on an A4 paper, or each photograph mounted on A4 paper..
Enclose different perspectives (as applicable) e.g. top view, side view, front view, 7 of each are required. Select one view for publication and provide 2 copies clearly indicating “for publication”. All drawings/photographs except those designated for publication should be signed. Important: Please note that multiple copies are not applicable to e-filing. Submit the design application and supporting documents by either posting the applications or dropping off the application in the drop-off box at the CIPC Self Help Terminals at Sancardia Mall, 1st floor.
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Renewal of a Patent must be done every year starting from the end of the 3rd year from the filing date for the duration of the patent.
- Renewal request to be filed on form P10. Please remember that you have to write your CIPC customer code on the form P10.
- Renew every year on or before the expiration of the 3rd year from the filing date. You can also pay the renewal fee plus fine within 6 months after the due date. Thereafter your patent will lapse due to non-payment of the renewal fee. To restore it, you will have to follow a restoration procedure in terms of the Patent Act and the Regulations thereof.
- A patent is renewable up to the expiration of its term, i.e within 20 years from the filing date. Thereafter it expires irrevocably.
- The amount due for the respective renewal fee can be seen from item 7 of the Patents Table of Fees.
NB: If your customer details such as your name or address have changed you will need to advise us in writing prior to completing your renewal.
In case the payment has been delayed but no longer than 6 months from the due date, item 6 of the patents Table of Fees applies and a fine of R90 must be paid for the first month plus R50 thereafter for each month or a part thereof ( not exceeding five months) in addition to the renewal fee.
In case the delay in payment of a renewal fee is more than 6 months, the patent will lapse and can be restored by completing a request for restoration in terms of section 47(1)[ Reg. 49] and payment of restoration fee of R282, accompanied by an affidavit stating the reasons for the delay. The decision for restoration is discretionary. If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes. If the request for restoration is not opposed within 2 months from the date of publication in the patent Journal, CIPC will restore the patent upon payment of the outstanding renewal fees. The office calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, the Office will wait for the outcome of the opposition proceedings and will follow the court order thereof.
Patent protection is enforceable through civil proceedings. CIPC cannot launch legal proceedings on your behalf. You must put appropriate safeguards in place, maintain secrecy, communicate your legal rights and, if necessary, defend your rights through legal action.
Do not wait for someone to infringe your patent. Put a strategy in place to deal with infringement before it happens and make it part of your overall protection and commercialisation strategy.
If you find your patent is being copied or used by someone else without your permission, there are a number of actions you can take. These range from a letter of demand from your attorney, negotiations to settle out of court and if this fails, court action.
Whatever action you take, pursue it vigorously and make sure any infringer knows you’re serious about protecting your patent. Delay could also jeopardise your legal rights to obtain an injunction. For help with handling infringement, speak to IP professional.
A patent ownership dispute can take several forms:
- a dispute between applicants, where the Commissioner of Patents decides if an application is to continue in the name of either one or more of the applicants, or indicates how else the application is to continue.
- a dispute filed by one or more persons stating they are the owners of the patent application, where the Commissioner decides whether the applicant or the other persons (or both) are the owners.
- an application to dispute the ownership by a person who does not own the invention, stating that the applicant also does not own it and that a patent cannot be granted to that person.
- a dispute filed by one or more persons stating that their entitlement to a patent is not properly recorded in the Register of Patents.
Where someone other than the applicant is found to be the correct owner of the patent application, there are a few possible outcomes. The application may be refused, the other person may be named as the applicant, or the right applicant(s) may make a new patent application which maintains the priority date of the other application.
The Commissioner of Patents may make a decision on ownership even if the application is lapsed or is withdrawn.
Seek professional advice for an ownership dispute
The process of contesting ownership is potentially complex and costly and any mistake could lead to the opposing party gaining an advantage. If you become involved in an ownership dispute, you might consider contacting a patent attorney experienced in intellectual property law.
Dealing with oppositions
A patent registration can not be opposed in terms of the current patent legislation.
Actions under the patent legislation that can be opposed are the following (list not exhaustive):
- an application by the patentee to amend the patent specification
- an application by the patentee for amendment of the patent claims
- an application for restoration
- an application for a license to use an invention.
GRANTING OF PATENTS CANNOT BE OPPOSED IN SOUTH AFRICA
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A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
A patent provides protection for the owner, which gives him/her the right to exclude others from making, using, exercising, disposing of the invention, offering to dispose, or importing the invention. The protection is granted for a limited period of 20 years.
A patent may be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture. These include inventions such as appliances, mechanical devices and so on. However, you may not protect things such as:
- Computer programmes
- Artistic works
- Mathematical methods and other purely mental processes
- Games
- Plans, schemes, display of information
- Business methods
- Biological inventions
- Methods for treatment of humans and animals
Please note that the above mentioned things cannot be patented as such. For example, a computer programme is patentable as part of a technical solution, i.e. when it is used to operate a specific device or machine such as a winder, a crane or parking management.
A patent can last up to 20 years, provided that it is renewed annually before the expiration of the third year from the date of filing in South Africa. It is important to pay an annual renewal fee to keep it in force. The patent expires after 20 years from the date of application.
Checklist for registration of patent:
To be able to transact with CIPC, one needs to register as a customer on the e-services and bizportal website. Once registered, a virtual account is created in the customer name. Registering as a customer is a once-off process. Keep your customer code and password safe for use when transacting with us.
Click here to register as a customer.
You may also follow a step-by-step guide.
Trade Mark application:
- R590 for each class category
Patent application:
- R60 for provisional patent application
- R590 for complete patent application or PCT national entry application
Design application:
- R240
Copyright application:
- R510
For bank account details, click here.
Use your 6-character long customer code as a reference when making a deposit.
National Patent Search
International Patent Search
Provisional Patent Application (manual)
Complete the following forms:
- P1: “Application for a Patent and Acknowledgement of Receipt” submitted in duplicate for manual filing. Please make sure that you write your CIPC customer code on this form.
- P2: “Register of Patents”, submitted in duplicate
- P3: “Declaration of Power of Attorney”, single copy
- P6: “Provisional Specification”, single copy
A Complete Patent Application must be submitted within 12 months from the date of filing the provisional patent application by the applicant or his agent, or within a further 3 months on application to the Registrar for extension of time filed before the expiration of the 12 months.
Complete Patent Application (manual)
Complete the following forms:
- P1: “Application for a Patent and Acknowledgement of Receipt” submitted in duplicate for manual filing. Please make sure that you write your CIPC customer code on this form.
- P2: “Register of Patents”, submitted in duplicate
- P3: “Declaration of Power of Attorney”, single copy
- P7: Full detailed descriptions, claims, and drawings (if applicable) on A4 pages should be included.
- P8: Publication particulars and abstract; abstract could contain one drawing or chemical formulae if applicable.
- P26: (Power of Attorney) must be completed.
- Patent Cooperation Treaty (PCT) Applications National Phase are regarded as complete applications, but instead of the P1 form, form P25 must be filed. Please note that you have to write your CIPC customer code on the form P25.
Patent Cooperation Treaty International Application
- If an applicant has come up with an invention that he or she wishes to patent in a number of countries, the applicant is advised to utilise the Patent Cooperation Treaty (PCT) prior to actually lodging patent applications in these countries.
- The applicant or patent attorney will complete a “Patent Cooperation Treaty Request Form” (in triplicate), together with the respective specifications, drawings etc.
- The PCT Receiving Office at CIPC processes this application and calculates the costs involved.
- NOTE: Any national or resident of South Africa can file an international application at the Receiving Office in South Africa.
- The PCT system is a patent “filing” system and is not a patent “granting” system. There is no “PCT patent”.
The PCT system provides for:
- An international phase comprising:
- Filing of the international application
- International search
- International publication and
- International preliminary examination (optional)
- A national/regional phase before designated Offices and/or Elected offices.
- The decision on granting patents is taken exclusively by national or regional offices in the national phase.
- Only inventions may be protected via the PCT by applying for patents, utility models and similar titles.
- Design and trade mark protection cannot be obtained via the PCT. There are separate international conventions dealing with these types of industrial property protection (The Hague Agreement and the Madrid Agreement, respectively). SA is not yet a member of these agreements.
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