n Without Prejudice - Fatal consequences : intellectual property law
|Article Title||Fatal consequences : intellectual property law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Jan 2014|
|Pages||44 - 45|
In a judgement handed down in an exception application in the matter of I O Tech Manufacturing (Pty) Ltd And 3 Others v Gallagher Group Limited and Another (96/6799)  (August 15 2013) (I O Tech/Nemtek), the Court of the Commissioner of Patents provided a firm view on whether a culpable, false and material misrepresentation on a declaration lodged in respect of an application for a patent is a ground for invalidity of a patent, even under circumstances where the patent specification was amended or where an amendment was sought to the original patent application.
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