oa Juta's Business Law - Two new patent judgments on inventiveness
The Supreme Court of Appeal recently delivered two patent judgments dealing with the issue of inventive step as a requirement for a valid patent. Neither judgment was considered by the judges of appeal to be reportable, but they are still worthy of comment, if for no other reason than that they are rare examples of the court revoking a patent for lack of inventive step. (Ensign-Bickford (South Africa) (Pty) Ltd & others v AECI Explosives and Chemicals Ltd 1999 (1) SA 70 (SCA) is the only case under the current Patents Act 57 of 1978; see also Marine Construction and Design Company v Hansen's Marine Equipment (Proprietary) Limited 1971 BP 187 (A) and John Hay Chapman Drummond-Hay v D I Fram and Company 1962 BP 343 (T), which are the only such cases under the previous Act.)
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