HomeIP-GuideSouth Africa General informationIndustrial Design South Africa

South Africa

  • International Country Code:

    ZA
  • Time Zone:

    UTC/GMT +02:00
  • Currency:

    South African rand (ZAR)

Industrial Design registration in South Africa

South Africa
from 687.00
Number of Priorities
Number of Designs
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  • Design fees

Fees associated with filing an industrial design application in South Africa as well as other design fees are available in the fee calculator.

  • The term for filing design application in South Africa

The term for filing a design application in South Africa is six months from the priority date. Restoration of this term is not possible.

  • Minimum filing requirements in South Africa

For successful filing of a design application, the following must be provided to the Companies and Intellectual Property Commission: applicant’s and designer’s details, declaration by the applicant that he/she is the proprietor of the design, or deed of assignment if the applicant is not the designer, representation of the design, a statement of features of the design for which protection is sought and priority details, if any.

  • Multiple design application

Multiple design application is not possible in South Africa.

  • Validity term

The validity term of an aesthetic design is 15 years, of functional design is 10 years from the date of filing.

  • Examination of a design application in South Africa

The industrial design application in South Africa is examined according to the formal requirements only.

  • Power of Attorney requirements

The duly executed Power of Attorney is sufficient, no legalization is required. It must be provided at the time of filing or within six months from the date of filing the industrial design application in South Africa on condition a relevant fee is paid. Late filing of the Power of Attorney is subject to payment of the official fee.

  • Priority document

A certified copy of the priority document must be provided at the time of filing or within six months from filing the design application in South Africa on condition a relevant fee is paid. If the priority document is not in English, a certified translation thereof is required.

  • Novelty grace period

A six-month novelty grace period is applicable for the industrial design applications in South Africa, provided that this date is disclosed in the application for the registered design as a “release date”.

  • Grant and patent maintenance

There is no official grant fee to be paid. The maintenance fees are paid annually; the first annuities must be paid within three years from the date of filing. Annual fees may be paid within 6 months after the due date on condition of payment of a surcharge (for each month or part thereof).

  • Representation by a patent attorney

South African address must be provided for services. For foreigners, it is recommended to perform the industrial design prosecution in South Africa through an agent, a registered South African patent attorney.

  • What can be registered

The South African legislation provides protection for two types of designs:
- aesthetic design, which is defined as a design applied to an article, whether for the pattern or the shape or the configuration or the ornamentation thereof and by whatever means it is applied, having features which appeal to and are judged solely by the eye;
- functional design, which is defined as a design applied to an article, whether for the pattern or the shape or the configuration thereof, and by whatever means it is applied, having features which are necessitated by the function which the article is to perform, and includes an integrated circuit topography, a mask work and a series of mask works.

  •  Note

Online Search database for South African Industrial Designs.

The above information was verified on 21.03.2018
Please contact us if the above information contains any discrepancies with South African IP Laws.

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