Firstly, it is important to note that patents are territorial by their nature and need to be obtained for each country/territory where the invention is sought to be exploited.

In order to be patentable in South Africa an invention or new technological development needs to meet certain criteria. Certain types of inventions are also excluded from patent protection.

It is important to note that the South African Patent Office will not examine a patent application with regard to this criteria and a patent will be granted when all of the formal requirements have been met. The patent may subsequently be attacked in a court of law (by, for example, a competitor) in terms an allegation that the patent does not meet the patentability requirements