PCT NATIONAL PHASE ENTRY
South Africa

South Africa is part of both the Paris Convention and the Patent Cooperation Treaty (PCT). The country officially joined the PCT on December 16, 1998. Situated within the VISTA group, a coalition of emerging nations poised for robust economic growth in the future stands as a pivotal player among emerging nations destined for significant economic development. In recent times, it has captured attention for its growing importance as a thriving market.
 

The major requirements and procedure to file a patent application in South Africa are mentioned below:

The designated period for submitting a patent application in South Africa under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In the following country, the official language for filing patent application is English. If the international application is in a different official language, providing a translation into English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The period for entering the national phase in the following jurisdiction can be extended by three months. Also, the translation of the specification can be submitted within three months from the date of national phase entry.

The essential documents required for filing a national phase application include:

• Power of Attorney: In the event that the applicant resides outside of South Africa, the designation of an agent necessitates the submission of a power of attorney. If this procedure is not carried out during the initial national phase entry, there is an opportunity to file the power of attorney within six months from the application filing date. The Registrar holds the authority to grant an extension to this timeline, subject to the applicant's formal request.
• Declaration 
• Assignment Deed: If the originator of the invention is not the one applying for the South African patent, you must furnish the Assignment Deed, and there is no need for legalization.This document can be submitted within six months from entering the South African national phase. Late submission of the Assignment Deed incurs an additional fee.

No exemptions in cost are granted for the patent application when entering the national phase.

There exists no imperative to formally submit a request for examination in South Africa, as the patent applications undergo automatic examination seamlessly arranged in the chronological order of their submission.

The first renewal fee is payable before the expiry of the third year from the international filing date and thereafter, annually, till the expiry of the patent.

South African patents have a validity period of 20 years. During this period, the person who owns the patent has exclusive rights to their invention. This includes giving permission to others to use, distribute, and sell it. The Patents Act in the region does not include provisions for extending the term of a patent.

The Global Innovation Index (GII) evaluates global economies based on their innovation abilities, using around 80 indicators categorized into inputs and outputs. Among the 132 economies assessed in the GII 2022, South Africa holds the 61st position.The goal of the GII is to comprehensively measure the various aspects of innovation. The country has achieved a noteworthy standing, securing the 14th position among the 36 upper-middle-income group economies. Furthermore, within the Sub-Saharan Africa region, it notably ranks 2nd among the 27 economies, highlighting its commendable position in regional innovation.