Patent Applications South Africa

With extensive patent litigation experience – largely representing parties challenging patent rights – we have thoroughly examined all possible ways South African patents can be contested. We leverage this expertise to benefit our patent-filing clients.

There is currently no substantive examination of South African patent applications before grant. Whilst this means that little expertise is required to secure the grant of a South African patent, it also means that errors and deficiencies in the application that are not identified during prosecution may result in the granted patent being invalid.

We therefore strongly recommend that any South African patent application be thoroughly reviewed and amended to address any known or reasonably foreseeable grounds of invalidity, before allowing the application to proceed to grant.

The following memorandums provides more information on obtaining cost effective and enforceable South African patents:

Material Misrepresentation as Ground for Revocation of South African Patents (pdf)
Obtaining Cost Effective, Enforceable Patents in South Africa (pdf)

Patent Applications Africa

With economic growth stagnating in much of the developed world, international companies seeking expansion cannot afford to overlook Africa.

Many South African law firms claim to have offices across multiple African countries, but more often than not rely on local agents. Over the years, we have established strong working relationships with local agents in most African countries, and we are well able to assist clients in securing intellectual property rights throughout Africa.

International Patent Applications

We have secured patents for our clients in nearly every country worldwide. Patent prosecution in each jurisdiction requires specialised knowledge and local expertise. It is not a routine administrative task to be handed off to the lowest-cost provider. In our experience, clients who attempt to cut corners on foreign patent prosecution often end up spending more, and receiving less protection.

We continually assess foreign agents based on our experience and available information to ensure quality service at reasonable cost for our clients, while maintaining strong relationships with our selected agents.