In many jurisdictions worldwide, patent annuities and / or
renewals become payable from the third year after the international
filing date of the Patent Cooperation Treaty (PCT) application. In
this respect, a distinction must be made between annuities and
renewals, as annuities are payable for pending applications that
have not yet been granted. Patent renewals are payable only after
grant. Such fees keep the application / patent alive and are
integral to the "agreement" with the relevant state for
exclusive and exclusionary rights regarding the patented subject
matter.
South Africa provides a practical case study of a jurisdiction
where only renewals are payable. This article examines the
interplay between patent examination, renewals and revocation.
