oa De Rebus - : patent utility interpreted by the Supreme Court of Appeal : opinion

Volume 2015, Issue 553
  • ISSN : 0250-0329



It is a basic tenet of patent law that an invention must have utility in order to be capable of patent protection. This principle is recognised by the Patents Act 57 of 1978 (the current Act) as one of the essential requirements of patentability and thus a lack of utility is a ground of revocation of a patent. However, to date, this ground of revocation has not received much judicial attention. This has changed in a recent decision by the Supreme Court of Appeal (SCA) in 2015 (2) SA 387 (SCA). Unfortunately the decision is based on what is, in my opinion, an erroneous interpretation of the provisions of the current Act.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error