The South African patent office has taken a significant step towards modernising its patent system with the release of Practice Notice No. 1 of 2026, which introduces the electronic issuance of patent certificates, effective from February 2 2026. Issued in terms of the Patents Act 57 of 1978 and the relevant Patent Regulations, the notice introduces streamlined digital features designed to improve accessibility and verification.
The notice distinguishes between certified electronic copies of grant certificates, which serve as official proof of grant, and uncertified copies that may be viewed and printed online. While uncertified copies will facilitate easier access to patent information, certified copies will continue to be required for formal evidentiary purposes, particularly in litigation or transactional matters. Importantly, the original letters patent certificate may be downloaded only once and will contain a QR code for verification of the bibliographic information relating to the patent.
The electronic certificates are legally equivalent to traditionally issued patents and constitute a valid grant under South African law. While patents or patents of addition, in paper form, may still be issued, this will only be upon request and the payment of a prescribed fee. Similarly, the complete specification and any other documents related to a patent may be obtained from the patent office upon request and the payment of the prescribed fee.
Benefits and practical considerations
The shift to digital issuance of certificates is part of a broader trend towards digitalisation and modernisation of the intellectual property processes in South Africa. The key benefits of this development are the improvement of reliability and accuracy of the legal status of granted patents and reduced administrative delays associated with traditional paper-based systems. For practitioners, this means that a patent grant can be verified and relied upon immediately on issuance, which is particularly advantageous for urgent interdicts, licensing negotiations, and transactional due diligence.
Although the transition is largely positive, users should be aware of certain practical considerations. The fact that the original digital certificate can only be downloaded once places an administrative responsibility on applicants and attorneys to store these documents securely. Firms may need to update their internal document management protocols to accommodate this. Additionally, while paper certificates remain available on request, these will incur additional fees, which may influence client preferences depending on the industry, jurisdiction, or internal compliance requirements.
South Africa continues to operate as a non-examining patent jurisdiction, meaning patents are granted without substantive examination for novelty or inventiveness. The introduction of electronic issuance does not alter this framework, but it does accelerate the formalisation and proof of rights once an application has proceeded to grant.
Looking ahead
This transition marks a notable milestone in South Africa’s patent landscape, promising a faster and more secure way for patentees to receive and verify their patent rights, and highlights the commitment of the South African patent office to embracing technological progress. By adopting digital issuance now, the office has demonstrated an openness to modernisation and hopefully the move foreshadows more substantive reforms that may shape the future of South African patent practice.
