Name of the Organization : Companies & Intellectual Property Commission
Type of Facility : Renew Your Patent
Location : Cape Town
Country : South Africa
Official Website : https://www.cipc.co.za/
Renew Your Patent :
To renew your patent, follow these steps :
Register as a Customer :
To view information on how to register as a customer, click here. If you are already registered as a customer, and know your customer code and password, proceed to step 2.
Related : CIPC Patent Search South Africa : www.statusin.org/4967.html
Deposit funds :
To view the relevant fees, click here. Deposit the fee into the CIPC bank account. For the bank account details, click here.
Renew your patent :
Print and complete the P10 form to renew your patent.
Submit your renewal application by posting it to CIPC, or drop it off at the drop-off box at any of the CIPC Self Service Terminals.
Renewal of a Patent (for more information on renewal of a patent) :
Renewal of a Patent must be done every year starting from the end of the 3rd year from the filing date for the duration of the patent.
** Renewal request to be filed on form P10. Please remember that you have to write your CIPC customer code on the form P10.
** Renew every year on or before the expiration of the 3rd year from the filing date. You can also pay the renewal fee plus fine within 6 months after the due date. Thereafter your patent will lapse due to non-payment of the renewal fee. To restore it, you will have to follow a restoration procedure in terms of the Patent Act and the Regulations thereof.
** A patent is renewable up to the expiration of its term, i.e within 20 years from the filing date. Thereafter it expires irrevocably.
** The amount due for the respective renewal fee can be seen from item 7 of the Patents Table of Fees.
Note :
If your customer details such as your name or address have changed you will need to advise us in writing prior to completing your renewal.
In case the payment has been delayed but no longer than 6 months from the due date, item 6 of the patents Table of Fees applies and a fine of R90 must be paid for the first month plus R50 thereafter for each month or a part thereof ( not exceeding five months) in addition to the renewal fee.
In case the delay in payment of a renewal fee is more than 6 months, the patent will lapse and can be restored by completing a request for restoration in terms of section 47(1)[ Reg. 49] and payment of restoration fee of R282, accompanied by an affidavit stating the reasons for the delay. The decision for restoration is discretionary. If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes. If the request for restoration is not opposed within 2 months from the date of publication in the patent Journal, CIPC will restore the patent upon payment of the outstanding renewal fees. The office calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, the Office will wait for the outcome of the opposition proceedings and will follow the court order thereof.
Amending :
Change of name, change of address, clerical errors, amendments of claims or specifications, change of ownership, hypothecations, attachment, surrenders etc. The forms to be used for different amendments and the fees due are indicated inter alia in the table below. Please remember that you have to write your CIPC customer code on your request form.
Protecting :
You are responsible for monitoring the way your patent is used and protecting it against infringement.
Patent protection is enfoceable through civil proceedings. We cannot launch legal proceedings on your behalf. We are not able to become involved in the infringement or possible infringement of your patent. We can not act on your behalf.
You must put appropriate safeguards in place, maintain secrecy, communicate your legal rights and, if necessary, defend your rights through legal action. This is to ensure that only you can turn your ideas into a commercial reality.
Do not wait for someone to infringe your patent. Put a strategy in place to deal with infringement before it happens and make it part of your overall protection and commercialisation strategy.
If you find your patent is being copied or used by someone else without your permission, there are a number of actions you can take. These range from a letter of demand from your attorney, negotiations to settle out of court and if this fails, court action.
Whatever action you do take, pursue it vigorously and make sure any infringer knows you’re serious about protecting your patent. Delay could also jeopardise your legal rights to obtain an injunction. For help with handling infringement speak to an IP professional.