Intellectual property (IP) plays a key role in fostering innovation and creativity, protecting the rights of inventors and creators. In South Africa, IP protection for novel inventions has traditionally been provided through patents and designs. Patents safeguard inventions that are novel, inventive, and industrially applicable, while designs focus on protecting the aesthetic aspects of products. However, a significant change might be on the horizon, with South Africa looking to introduce utility models, which may soon replace the current functional designs regime. 

A utility model (also known as a ‘petty patent’ or a ‘minor patent’) is a form of IP protection for inventions that are new and industrially applicable, but without requiring the same level of inventiveness as a patent. This makes them a more accessible option for innovations that may not meet the higher standards of patentability. In many countries, utility models offer quicker, cheaper, and simpler protection for inventions, especially those that involve incremental improvements rather than groundbreaking inventions. 

In South Africa, functional designs have historically protected the functional aspects of a product's appearance, such as its shape or configuration. However, these protections are often limited and do not offer the same level of security as patents. Utility models, by contrast, are expected to provide a broader and more effective means of protecting functional innovations. 

The shift from functional designs to utility models would allow South African inventors and businesses to safeguard their practical inventions more easily. Often, with lower costs and faster registration, utility models could encourage more local innovation, particularly in industries where small, incremental advancements are common. This move aligns South Africa with global IP trends and offers enhanced protection for functional inventions.