On 23 September 2025, in Pretoria, the Department of Trade and Industry (DTI) together with the Companies and Intellectual Property Commission (CIPC) organised a stakeholder workshop to provide an overview of significant forthcoming reforms to South Africa’s patent and design law frameworks, aimed at modernising the system, aligning with international standards, and improving accessibility.

The upcoming Patents Bill and Design Amendment Bill, which are still being revised to reflect recent international developments, are to be presented to the Parliament soon, with publication for public comment anticipated in February 2026.

The South African Institute of Intellectual Property Law and the Licensing Executives Society of South Africa have provided the summary of the key changes.

Patents Bill: Key provisions and anticipated changes

• Integration of international instruments: The Bill will incorporate provisions from recent international instruments, notably the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK, 2024), and the Africa Free Trade Agreement (AfCFTA) IP protocols.
• International search authority status: South Africa is exploring the possibility of becoming an international search authority (ISA) under the Patent Cooperation Treaty (PCT) while also considering regional harmonisation initiatives.
• Expanded disclosure requirements: Applicants may be required to disclose the origin of genetic resources and associated traditional knowledge from any source – not only those originating from South Africa, contrary to the current requirements under the National Environmental Management: Biodiversity Act (NEMBA).

Substantive examination and procedural reforms

• Hybrid/phased transition to substantive search and examination (SSE): Moving from the current depository/non-examining system to SSE, initially limited to technical fields where examiner capacity exists or where public policy dictates the need (notably chemistry, biochemistry, ICT, physics, and engineering).
• Third party opposition introduced: Patent applications will be published 18 months after the filing date, with a window for third-party observations following publication and prior to examination.
• Flexible request for examination: Applicants will be able to request substantive examination within a defined, relatively generous timeframe, allowing them the opportunity to align the claims with examined counterparts.
• Post-grant opposition: Available for a period of 6 or 12 months on limited grounds, with inter partes procedures (not anonymous). Judicial review will also be provided.
• Administrative tribunal for compulsory licencing: A newly established tribunal, implementing Article 31bis of TRIPS will handle compulsory licencing, with decisions subject to judicial review or appeal.
• Novelty grace period: Duration to be specified, with opportunities for stakeholders to provide informal feedback on its scope.
• Utility models: A new category of protection for innovations with a lower threshold of inventiveness.
• Entity-based fee structure: Distinction between small and large entities, with different fee levels.

Design Amendment Bill: Key provisions and anticipated changes

• Elimination of functional designs: Circuit layouts will no longer qualify as designs but will be protected under the Patents Act.
• Opposition period introduced: Design applications will not undergo substantive examination; however, an opposition period will be introduced.
• International alignment: South Africa is preparing for for accession to the Hague Agreement, while alignment with the Riyadh Design Law Treaty (RDLT, 2024) is under discussion.
• Harmonisation possibilities: Potential reforms may allow for intangible articles, multiple designs in a single application, and flexible representation formats (e.g., photographs, animations).
• Novelty grace period: A 12-month grace period will be adopted, giving applicant more flexibility prior to filing.