While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in South Africa, you are obliged to pay a recurring renewal fee to the Companies and Intellectual Property Commission (CIPO) to maintain the patent. The first renewal fee will be due starting from the third anniversary of the patent’s filing date upon the grant of the patent.
For example: if the filing date of a patent is 2013-01-06 and the grant date of the patent is 2016-01-10. You will only have to settle the first renewal fee on the third anniversary of the patent’s filing date on 2016-01-06 The next annuity will be due renewal on 2017-01-06 (from the anniversary of filing date).
If there is a delay in the grant of an application for several years, a number of annuities will simultaneously be payable when the application is granted.
In the event that the patent was granted after 36 months from the date of filing or less than three months prior to such expiration date, you will have to settle the renewal fees within six months from the grant of the patent. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example: if the filing date of a patent is 2020-10-17 and the grant date of the patent is 2023-08-31 You will only have to settle the first renewal fee on the third anniversary of the patent’s filing date on 2024-02-29 when the first (4th year) annuity becomes due for payment six months from grant date.
In South Africa, there is one other type of intellectual property apart from patents, known as designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property type #1 - Designs in South Africa
A design right in South Africa is valid for 15 years for an aesthetic design and 10 years for a functional design from the filing date. You can maintain the design right by paying the renewal fees. The renewal fees of a design right is first due starting from the second anniversary of the filing date, priority date or release date whichever is earlier. From thereon, an industrial design right can be maintained by paying renewal fees annually from year 4 until year 15. If the renewal fee is not paid by the due date, You can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.An article explaining more about the renewal process of South Korean designs will be on our website in the near future. Until then, feel free to reach out to us on firstname.lastname@example.org.
Starting from the 4th anniversary of the filing date, patent renewal fees need to be paid annually to maintain a granted patent. For further clarification, please refer to the cost breakdown below;
The first renewal fee is paid after they have granted the patent in South Africa.The first renewal of a granted patent is due on the third anniversary of the patent’s filing date. The renewal fee is intended to maintain the patent in force for the upcoming 4th year.
For example: if the filing date of a patent is 2013-01-06 and the grant date of the patent is 2016-01-10 You will only have to settle the first renewal fee on the third anniversary of the patent’s filing date on 2016-01-06. The next annuity will be due renewal on 2017-01-06 (from the anniversary of filing date).
Prior to a patent being granted in South Africa, it falls into what is known as the filing stage. A patent in South Africa is typically granted between two to three years from the filing date. You will only start paying renewal fees in South Africa when the patent becomes granted.
The renewal fees can be settled anytime before the renewal fees are due. it is possible to bulk-pay renewal fees for the entire life of the patent as well.
There is a 6 month grace period given, whereby the renewal fees can still be settled. When entering this grace period, you will incur a penalty fee in addition to that of the initial annual fee for the corresponding year. The penalty fee for late payment is 90 ZAR within 1 month of the grace period and increases by 50 ZAR for the next 5 months thereafter. Failure to settle this fee during the grace period will lead to the patent being expired.
You can either appoint a registered patent agent with the South Africa Intellectual Property Office. Alternatively, one can also send renewal fees if one has a residential address in South Africa.The fees can be paid online by and the payment can be made by creating a customer account with the South Africa Intellectual Property Office or through a deposit funds account.
In order to maintain a patent in South Africa, renewal fees need to be settled annually with the CIPC. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.