World Intellectual Property Organization

South Africa

Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988)

Shortcuts

South Africa

Year of current version:1988
Date of last amendment:January 1, 1988
Date of entry into force of original text:January 1, 1979
Date of Text (Enacted):April 26, 1978
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws, IP Regulatory Body, Patents (Inventions), Plant Variety Protection
Notes:
The notification by South Africa to the WTO under Article 63.2 of TRIPS states:
'This Act provides for the registration and granting of letters patents for inventions. The duration of a patent is 20 years and is non-extendable. The test of novelty is absolute novelty.
Section 90 was notified under the heading Control of Anti-Competitive Practices in Contractual Licences.
Section 90, inter alia, prohibits the inclusion of certain restrictive conditions in licensing agreements.
This Act is in the process of amendment in order to ensure compliance with the provisions of the TRIPS Agreement. Said amendments are aimed at:
(1) The removal of uncertainties relating to the payment of renewal fees;
(2) Priority dates of matter (as opposed to patent claims);
(3) The Principles of privileges in the relationship between patent agents and clients;
(4) The assessment of damage;
(5) The introduction of provisions enabling the Republic to become a party to the Patent Cooperation Treaty.'
Available Texts: 
English

Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988) Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988), Complete document (pdf) [293 KB] Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988), Complete document (htm) [188 KB] (Version with Automatic Translation Tool)

Related Legislation:
WIPO Lex No.:ZA013

Explore WIPO