SA Patent Reform Underway: A Call for Balanced, Modern IP Laws

South African Institute of Intellectual Property Law (SAIIPL) has made a formal submission in response to the government’s planned reforms of the Patents Act and Designs Act. The submission welcomes the Department of Trade, Industry and Competition (the dtic) and the CIPC’s consultative approach and argues for a balanced, internationally aligned framework that strengthens patent and design quality while safeguarding the public interest. Adams & Adams partner James Davies, who serves as President of SAIIPL, oversaw the submission process.

At the heart of SAIIPL’s recommendations is a pragmatic transition to substantive search and examination. The submission supports a dual-track model combining “modified examination”, which allows reliance on outcomes from select foreign patent offices subject to South African standards, and “deferred examination”, with a defined window to request examination. The aim is higher-quality, more predictable rights without overburdening the Office, complemented by options for early publication and accelerated examination where necessary.

SAIIPL proposes targeted legislative clarifications to reduce uncertainty and cost. These include confirming that second and subsequent-generation divisional applications are permitted; clarifying how PCT publications operate as prior art; and modernising pharmaceutical claim formats by aligning with EPC 2000 purpose‑limited product claims for first and further medical uses, including dosage regimens, subject to novelty, inventive step and sufficiency. The submission also urges explicit recognition of Paris Convention members as a class for priority purposes, removing the need to individually gazette new member states – thereby reducing administrative burden and ensuring immediate recognition for applicants.

On public‑interest mechanisms, SAIIPL supports compulsory licensing administered by an independent, expert body with robust judicial oversight and clear implementation of TRIPS Article 31bis. For exhaustion and parallel importation, it favours a calibrated national‑exhaustion regime with defined exceptions for essential medicines and emergencies, alongside safeguards to protect patient safety and local manufacturing.

The submission calls for clear, technology‑neutral guidance for AI and computer‑implemented inventions, focusing on technical effect. It also endorses introducing utility models tailored to incremental innovation, with novelty-focused examination and conversion between patents and utility models.

Finally, SAIIPL urges comprehensive modernisation of design law. Key proposals include recognising digital designs such as GUIs, icons and animations; permitting multiple designs per application; updating representation formats (including 3D and motion); enabling protection for spare parts subject to “must‑match/must‑fit/repair” safeguards; linking classification to Locarno; and reconsidering strict class‑based enforcement limits.

Overall, the submission seeks a modern, efficient, and predictable IP system that supports genuine innovation and investment, aligns with international best practice, and remains responsive to South Africa’s constitutional and developmental priorities.

James Davies

Partner | Patent Attorney

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