Abstract: This article discusses South Africa’s draft Intellectual Property Policy proposed reforms. It considers how these may be practically implemented. In particular, it focuses on the phased sector specific introduction of substantive patent examination, possible co-operation with other national or regional patent offices to enhance examination capacity, the retention of non-examination for utility or second-tier patents and the involvement of third parties in the examination process. It also considers the re-introduction of opposition proceedings to further strengthen the patent system.
The article points to other jurisdictions that have implemented some of these options such as Australia’s utility patent system, the successful implementation of the peer-to-patent project in countries such as the United States (USA) and the United Kingdom (UK) and opposition proceedings in Europe, the UK and Australia. It concludes that these are plausible and viable options that should be further explored for adaptation to the South African context.
The article will be of interest to those following policy and legislative developments in the developing world and particularly Sub-Saharan Africa, where change often begins in South Africa then extends throughout the region as neighbouring states follow South Africa’s lead.