Under the current South African patent system, the Patent Office does not substantively examine patent applications for novelty or inventiveness before grant. Instead, South Africa operates what is commonly referred to as a non-examining (or depository) system, in terms of which it is the responsibility of the patent applicant to ensure that the claims define an invention that is new and inventive over the state of the art. 

The “state of the art” comprises all information made available to the public anywhere in the world before the earliest priority date of the invention. Unlike jurisdictions such as the United States and Europe, where patent offices conduct substantive search and examination prior to grant, South African patents are granted without an official assessment of validity. The validity of a South African patent is therefore typically only tested if challenged in litigation or revocation proceedings. 

South Africa is, however, in the process of transitioning towards a substantive search and examination system. As part of this transition, the Companies and Intellectual Property Commission (CIPC) has been running an initiative known as the Experiential Learning Programme (ELP). The purpose of the ELP is to provide newly appointed trainee patent examiners with practical experience in conducting prior art searches and substantive examinations on real patent applications. 

Until recently, the ELP primarily focused on patent applications entering South Africa via the PCT route. Participation did not require the payment of official fees. Interestingly, despite the opportunity to obtain a free search and examination report from the South African Patent Office, participation by foreign applicants remained limited. At the same time, South African applicants filing locally-originating complete applications were not able to participate. 

This position has now changed. 

On 19 February 2026, the South African Institute of Intellectual Property Law announced that South African complete patent applications may now be opted into the ELP. This development is significant for local innovators and businesses. It provides an opportunity to obtain an objective search and examination report from the South African Patent Office, potentially strengthening patent claims before enforcement or commercialisation. 

Ordinarily, an applicant seeking prior art searching would need to instruct a patent professional to conduct independent searches, which can become costly depending on the complexity of the technology. The ELP therefore represents a meaningful and welcome step in improving patent quality and supporting innovation in South Africa.