Registered Designs

Registered Designs

“Design is not just what it looks like, design is also how it works.” – Steve Jobs

In South Africa

We can assist with the following aspects related to patents:
  • Novelty searches
  • Preparing registered design applications for filing in South Africa and elsewhere
  • Registration of new design applications in South Africa and any other country in the world
  • Filing of foreign design applications in South Africa and before ARIPO, OAPI
  • Amendments to existing designs/design applications
  • Assignment of design rights
  • Maintenance of existing design rights
  • Litigation and enforcement of design rights
A Registered Design in South Africa protects the shape, form, pattern, ornamentation and configuration of a product or article. The protection does not extend to the functionality of the product or article and is focused on the physical appearance and associated physical features of the product or article. In view of the above, a specification, claims and abstract are not required to be filed with the application for Registered Design protection in South Africa. The design is to be exemplified by way of representations/drawings, which are then filed.

In addition, protection in respect of a Registered Design in South Africa extends only to the class/es of goods/services in respect of which the application has been filed.

An Aesthetic design

  • Has to be new and original
  • Novelty is in its shape, configuration or ornamentation
  • Must be able to be produced by an industrial process
  • Filed in Part A of the Register

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
  • Filed in Part F of the Register

Protection is afforded to aesthetic designs for one period of 15 years, and to functional designs for one period 10 years.

The Patents Act of 1978 dictates that in order to be patentable an invention should meet the following criteria:
  • Novel (New)
  • Inventive
  • Capable of industrial application
  • Not part of one of the excluded grounds

For urgent convention patent filings, the following details must be provided:

  • Full names and official address of the applicant(s)
  • Full names and residential address of each inventor
  • Title of the invention
  • Priority application number, date and country

On the basis of these details a valid filing date can be secured. The specification, claims and drawings have to be filed within 14 days from the date of filing of the application.

In the rest of Africa

We have developed relationships with local agents in most African countries. As a result, we are well placed to assist our client’s in protecting their patents in Africa.

In the rest of Africa

We have secured patents for our clients in various countries around the world, with the assistance of our foreign agents, with whom we have a long standing working relationship.

Foreign agents can access a list of our Fees for patents in South Africa here. Local clients are welcome to Contact Us directly for an obligation free quote.

Please contact us for more information or an obligation free quote.