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Prosecution

SOUTH AFRICAN DESIGN

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After filing a South African design application, you can manage prosecution of your design application directly from your dashboard. Each case includes a timeline detailing anticipated actions (with associated estimated dates and costs). All instructions are issued via your dashboard, with payments made by credit card.

Process after filing

Examination:

South Africa does not conduct substantive examination of design applications. As long as the application was properly filed, the application will be accepted. As such, South African design applications seldom receive office actions. If an office action is issued, our South African agents ‐ S&Z Patent Attorneys ‐ will assist you to respond to the South African Designs Office.

Acceptance:

South African design applications are typically accepted 9 months from filing. We will immediately notify you of acceptance by email.

Publication:

Acceptance of the South African design application must be advertised in the South African Designs Journal within 3 months of acceptance. To meet this deadline, arrangements should be made within 7 weeks of acceptance. Our charge to arrange publication of acceptance is US$70, and you can instruct and pay for this online via your dashboard.

Opposition:

South African design law does not provide for opposition of design applications.

Grant:

South African design applications are deemed to be granted upon publication in the South African Designs Journal.

Certificate of grant:

We typically receive the certificate of grant within 14 months of filing. We will email an electronic copy of the certificate to you, and would be glad to courier the certificate to you for US$110. You can instruct and pay for the courier online via your dashboard.

Term:

Aesthetic designs last for 15 years, calculated from the earlier of: the release date, the priority date, and the South African design filing date.

Functional designs last for 10 years, calculated from the earlier of: the release date, the priority date, and the South African design filing date.

Renewals:

South African designs must be renewed annually, from the third anniversary of the earlier of: the release date, the priority date, and the South African design filing date. South African design renewals cost about US$70 per year.

We will upload your design registration on to our PayAnnuity online design renewal system, and you will receive renewal reminders by email.

PayAnnuity offers the lowest South African patent, trademark and design renewals, guaranteed. We would be glad to upload your other South African designs, trademarks and patents to the PayAnnuity system at no cost. No change to the Address for Service is required to migrate management of your South African renewals to us.

Our South African agents:

S&Z Patent Attorneys ‐ a South African law firm that provides patent services to most South African multinational companies, Regulators and Universities. S&Z can also assist with South African tax, exchange control and licensing issues. You are free to contact and deal with our agents directly.

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