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Exciting Reforms Ahead for South African Patent and Design Law
South Africa is on the cusp of a significant transformation in its intellectual property landscape. The Department of Trade, Industry and Competition (DTIC) has announced plans to repeal and replace the Patents Act No. 57 of 1978 with a new, modernised Act. According to a presentation by the DTIC, a Bill would have been submitted to the Executive Authority during October 2024. The new Act aims to align South Africa's patent regime with international best practices by, amongst other, introducing substantive search and examination of patent applications a substantial shift from the current depository system.
The move to substantive examination will enhance confidence in South African patents by ensuring that valid patents are registered from the onset as opposed to the lurking onus resting on a patentee to ensure that their patent is valid. Henceforth, under the new regime, once a patent is granted by the South African patent office, a patentee can have far more confidence in the enforceability of their patent since the patent's validity was objectively examined prior to grant. Additionally, by incorporating World Trade Organisation (WTO) TRIPS flexibilities, the reform aims to contribute to more affordable and equitable access to essential medicines, preventing unwarranted monopolies and promoting public health.
Another significant change is the introduction of utility model patents. This new system will provide a more accessible form of protection for incremental innovations, which are common among small businesses and individual inventors in South Africa. Utility model patents have less stringent requirements compared to traditional patents since they do not require an inventive step and only require novelty and industrial applicability which generally makes it easier and more cost-effective for smaller entities to protect and commercialise their innovations.
These reforms represent a significant leap forward for South Africa's innovation ecosystem. By enhancing the credibility of South African patents and supporting local innovators with utility model patents, South Africa is setting the stage for increased innovation, investment, and economic growth.
