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Patents Act, 1978 (Act No. 57 of 1978)

Regulations

Patent Regulations, 1978

Schedules

Schedule 1 : Fees

 

 

The following fees shall be paid in connection with applications, registrations and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in respect of which they are to be paid:

 

Item No.

Description

Corresponding forms

Fees

1.

Application for a patent accompanied by a provisional specification in terms of section 30(1) [regulation 22(1)(a) and (e)]

1 and 6

60

2.

Application for a patent accompanied by a complete specification in terms of section 30(1) [regulation 22(1)(a) and (e)]

1, 7 and 8

590

3.

Late claiming of priority in terms of proviso (i) of section 31(1), per month or part thereof [regulations 23 to 25]

1

50

4.

Request to Registrar:

 

 


(a)

 

 

To inspect the register and documents in terms of section 12

4

4

Plus copies supplied of documents or particulars of register in terms of section 13, per page

4

1


(b)

Application to extend privileges of attorney in terms of section 22 [regulation 75]

4

145


(c)

Application by a patent attorney who has been suspended or whose name has been removed from the register in terms of section 24(4) and (5) [regulation 74]

4

14


(d)

Application to claim priority in terms of section 30(7) [regulation 39]

4

550


(e)

Application to amend or to lodge a fresh application in terms of section 37 [regulation 37]

4

50


(f)

Change of complete specification into a provisional specification in terms of section 38(1) [regulation37(2)]

4

50


(g)

Post-dating of application in terms of section 38(2) [regulation 37(3)]

4

50


(h)

Application for revocation of independent patent and granting of patent of addition as independent patent in terms of section 39(3) [regulation 35]

4

90


(i)

Application for extension of time of acceptance of a complete specification in terms of proviso to section 40 [regulations 42 and 45]

 

 


 

(i)

Up to end of 18 months

4

50


 

(ii)

Thereafter per month or part thereof (not exceeding three months)

4

50


 

(iii)

After 21 months (per month or part thereof)

4

145

 

(j)

Application for the return of lapsed application in terms of section 41 [regulation 43]

4

50


(k)

Application to extend period for publication of acceptance in terms of section 42(3) [regulation 46]

4

90


 

Thereafter, per month or part thereof

4

50


(l)

Application for correction of clerical errors and amendment of documents in terms of section 50 [regulation 11]

4

90


(m)

Application to rectify register in terms of section 52 [regulation

4

90


(n)

Endorsement or cancellation of endorsement in terms of section 53 and 54(1) and (3) [regulations 63 and 66]

4

90


(o)

Change of address for service in terms of section 87(2) [regulation 10]

4

20


(p)

Cancellation of notice of hypothecation in terms of section 60(3)

4

50


(q)

Reasons by Registrar [regulation 78]

4

245


(r)

Any other request not provided for

4

26

5.

Late lodgement of documents in terms of section 30(6) and 32 [regulations 22, 31 and 38]

5 and 8

50

6.

...

...

...

7.

Application for the extension of the period for payment of renewal fees in terms of section 46(2) [regulation 48(3)]

 

 


(a)

Thereafter, for each month or part thereof (not exceeding five)

10

90


(b)

On application to restore lapsed patent in terms of section 47(1) [regulation 49]

Notice of Motion

50

 


(c)

After restoration, payment of unpaid renewal fees in terms of section 47(5)

10

286

8.

Renewal fees in terms of section 46(1) [regulation 48(1)]

 

 


(a)

(i)

Before expiration of the third year

10

130


 

(ii)

Before expiration of the fourth year

10

130


 

(iii)

Before expiration of the fifth year

10

130


 

(iv)

Before expiration of the sixth year

10

85


 

(v)

Before expiration of the seventh year

10

85


 

(vi)

Before expiration of the eighth year

10

100


 

(vii)

Before expiration of the ninth year

10

100


 

(viii)

Before expiration of the tenth year

10

120


 

(ix)

Before expiration of the eleventh year

10

120


 

(x)

Before expiration of the twelfth year

10

145


 

(x)

Before expiration of the thirteenth year

10

145


 

(xi)

Before expiration of the fourteenth year

10

164


 

(xiii)

Before expiration of the fifteenth year

10

164


 

(xiv)

Before expiration of the sixteenth year

10

181


 

(xv)

Before expiration of the seventeenth year

10

181


 

(xv)

Before expiration of the eighteenth year

10

206


 

(xvi)

Before expiration of the nineteenth year

10

206


(b)

On patents endorsed 'licences of right' in terms of section 53(2)(d) on the same basis as in (a) (per annum or part thereof)

10

50

9.

Application to amend a provisional specification in terms of section 5(1) [regulation 52(1)]

11

70

10.

Application to amend a complete specification before open to public inspection in terms of section 51(1) [regulation 52(2)]

12

70

11.

Application to amend a complete specification after open to public inspection terms of section 51(1) [regulation 52(2) and (3)]

13

242

12.

Application to make a supplementary disclosure in a patent specification in terms of section 51(8)

(viii)

14

50

13.

Opposition in proceedings before the Registrar [regulations 64, 55 and 56]

15

90

14.

Application to record a transaction affecting the rights in a patent application

16

70


(a)

For first application

16

70


(b)

For second and subsequent applications

16

26

15.

Application to be registered as a patent agent or a patent attorney in terms of section 20

17

206

16.

Request for removal from the register of the name of a patent agent or patent attorney in terms of section 23 [regulation 72]

18

90

17.

(a)

Notice of opposition in terms of regulation 82

19

206


(b)

Application for revocation in terms of section 61 [regulation 89]

20

206

18.

Application for the voluntary surrender of a patent in terms of section 64(1) [regulation 67]

21

50

19.

Notice of future proceedings [regulation 95]

22

120

20.

To inspect any file, document or register

-

4

21.

Reprographic copies of documents, per page

-

1

22.

Certification of reprographic extracts from register or documents in terms of section 13 (per document)

-

25

23.

Request for a certificate from the registrar authorising the release of a sample from a depositary institution in terms of section 32(6) [regulation 28A(6)]

24

100

24.

Transmittal fee in terms of section 43C [regulation 67A(a)]

 

500

25.

International fees in terms of section 43D [regulation 67A(B)]

[Item 25 substituted by GN721 of 29 May 2003.]

 

 

26.

Search fee in terms of section 43D [regulation 67A(B)]

Item 26 substituted by GN721 of 29 May 2003, by GN963 of 2 July 2003 and by GenN235 of 20 February 2004]

 

 


Basic Fee:

 

ZAR3,580


Supplement per sheet over 30

 

ZAR80


Designation Fee:

 

ZAR780


PCT-EASY reduction

 

ZAR1,100


Search fee

 

 


(i)   European Patent Office (EPO)

 

EUR 945 =

ZAR 8,760


(ii)  Australia Patent Office (AU)

 

AUD 1,000 =

ZAR 4,700


(iii) United States Patent and Trademark Office [Item inserted by GenN 235 of 20 February 2004]

 

USD 1,000 =

ZAR 7,300

27.

Fee for priority document, if applicable

 

200

28.

National fee in terms of section 43E(1)(a) [regulation 67B]

P25

266


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