The current position is that South Africa recognizes in Section 31 of the South African Patents Act a right of priority based on an earlier patent application filed in "a convention country". In terms of Section 2(vi) of the Patents Act "a convention country" is defined as a country which the President, with a view to the fulfilment of any treaty or convention, has by proclamation declared to be a convention country.
At present, the countries so declared to be convention countries are all member countries of the Paris Convention. South Africa is in the process of preparing an amplified list of countries, including all WTO Member countries, to form part of an appropriate proclamation.
