– Patent, Designs and Trade Marks Act, 1936, as amended (Part I of Chapter 189 – United Kingdom Patents, Part II – South African Patents and Designs, Part III – Patents granted in terms of Transvaal Law of 1902; Part I of Chapter 185 – United Kingdom Designs).

Note: the Patent Act, 2018 has been assented to, however the Regulations are still outstanding and there is no information regarding when this Act will be brought into force.

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 6, 1968.
– ARIPO, Harare Protocol on Patents and Industrial Designs, since March 17, 1988.
– Convention Establishing the World Intellectual Property Organization (WIPO), since August 18, 1988.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 12, 1991.
– Patent Cooperation Treaty (PCT), since September 20, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.

Applicant: (1) since March 11, 1955, a British patentee has enjoyed the same privileges and rights as though the patent granted in the United Kingdom had been granted with an extension to Eswatini; (2) a South African patentee may apply to extend his patent to Eswatini at any time after grant; (3) although the matter is not entirely free from doubt, it would appear that a European patent designating the United Kingdom automatically extends to cover Eswatini.

Novelty: rights under a British patent can be avoided if it is shown that the patent is invalid under British law. Use and publication in Eswatini before the priority date of the British patent is relevant. No similar provision exists with regard to a registration based on a South African patent. The patent would have to be attacked in South Africa.

Examination procedure: no examination other than as to form.

Opposition to application filed: not provided for.

Duration: the rights of a British patentee expire with the expiry of the British patent. The registration of a South African patent in Eswatini remains in force for as long as the South African patent is maintained (subject to the payment of renewal fee).

Annuities: registrations of South African patents fall due for renewal in Eswatini as and when the corresponding South African patent falls due for renewal. Proof of renewal of the South African patent must be provided with the Eswatini renewal.

Marking of patented goods: not compulsory, but damages may not be recoverable if not marked “Patent No. ….” or “Pat. No. ….”.

Amendment, extension, assignment, licenses: notice of an amendment, extension of term or of an assignment of the South African patent, or granting of a license should be recorded.

Compulsory licenses: no provision exists for the granting of compulsory license or cancellation of a patent on the grounds of non-working, thus working of a patented invention in Eswatini is not necessary.

Filing requirements for an application (to be sent to authorized agent):
1. Power of attorney (notarization and legalization is not necessary);
2. Copy of the South African patent certified by the South African Registrar.

PCT national phase applications: the law in Eswatini has not yet been amended to recognize the PCT. There is no provision for the filing of PCT national phase applications.

ARIPO: the law in Eswatini has not yet been amended to recognize ARIPO. Although ARIPO applications designating Eswatini are filed and accepted there is no guarantee that enforceable rights will be granted.

Automatic cover of a granted U.K. or European (U.K.) patent or the re-registration of granted South African patent is recommended at this time.  Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K.’s position as a contracting State of the EPO is not affected by the U.K.’s withdrawal from the EU, and European (U.K.) patents will continue to be obtainable through the EPO route.

Note regarding utility models: there is no provision in the Eswatini legislation for utility models and the Eswatini legislation does not make provision for ARIPO. ARIPO utility model applications can only validly designate countries that provide for utility models in their local legislation.