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