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South Africa is on the cusp of significant intellectual property law reform, with a new Patent Bill and Design Amendment Bill expected to be presented to the South African parliament in early 2026. The Department of Trade and Industry, together with the Companies and Intellectual Property Commission (CIPC), recently hosted a stakeholder workshop on 23 September 2025 in Pretoria to outline the anticipated changes and gather feedback from the broader IP community.
Key Patent Law Changes
The forthcoming Patents Bill will introduce a phased approach to substantive search and examination (SSE), initially focusing on technical fields where examiner capacity exists, with a view to full examination in the future. Patent applications will be published after filing, allowing for third-party observations before examination, and a novelty grace period is planned.
The Bill also intends introducing post-grant opposition procedures, a new administrative tribunal for compulsory licences, and utility model protection with a lower inventiveness threshold to support local innovators. Other notable changes include differential fee structures for small and large entities and will retain the current requirements for disclosure of the origin of genetic resources and traditional knowledge.
Design Law Modernisation
The Design Amendment Bill will eliminate functional designs (subsumed by the introduction of utility models in the Patents Bill with circuit layouts moving to the Patents Bill), no substantive examination of designs but will introduce an opposition period for design applications, and require disclosure of traditional knowledge and cultural expressions. The reforms prepare South Africa for accession to the Hague Agreement and consider possible harmonisation with the Riyadh Design Law Treaty, including flexible representation formats and a 12-month grace period for novelty.
Capacity Building and Next Steps
CIPC has expanded its examination staff and is partnering with international IP patent offices for training. An end-to-end electronic system is in development, and South Africa is exploring becoming an international search authority under the PCT. Stakeholders are encouraged to provide feedback as the Bills move toward formal publication and consultation.
These reforms are expected to modernise South Africa's IP landscape, improve accessibility for local inventors and businesses, and better align the country with global best practices—strengthening its position as a regional leader in innovation and intellectual property protection.
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