In S v Pistorius (GP) (unreported case no CC113/2013,12-9-2014) (Maspia J), Masipa J sentenced Oscar Pistorius to a five year imprisonment term pursuant to the provisions of s 276(1)(i) of the Criminal Procedure Act 51 of 1977 (the CPA). This section, provides for an offender to be placed on correctional supervision, in the discretion of the Correctional Supervision and Parole Review Board (previously the Commissioner), on expiry of one sixth of the sentence.
In patent law, the claims of the patent define the scope of protection afforded to a patentee, and for this reason the claims must 'define with clarity and precision the scope of the invention claimed as a monopoly' (Gentiruco AG v Firestone SA (Pty) Ltd 1972 (1) SA 589 (A)). Certain words give particular problems when used in patent claims and one of these is the word 'preferably' and similar words and phrases. A matter involving use of these terms recently came before the Board of Appeal (the board) of the European Patent Office (EPO), T 1882/12 (www.epo.org), which may change the approach when interpreting features introduced by these terms in a patent claim.