The court of the commissioner of patents, seated in Pretoria, has handed down judgment in the matter of Sasol Dyno Nobel (Pty) Limited v African Explosives Limited.
The court of the commissioner of patents, seated in Pretoria, has handed down judgment in the matter of Sasol Dyno Nobel (Pty) Limited v African Explosives Limited. The court had to decide whether, in patent infringement actions, the reliance by a defendant on an allegation that a patent includes claims made in conflict with the provisions of Section 51 of the Patents Act no. 57 of 1978 constitutes a competent defence.
An action for the infringement of South African patent number 1991/2194, entitled “Low energy blasting initiation system and surface connection therefore”, as twice amended, was instituted by Sasol against African Explosives. In response to the action, African Explosives counterclaimed for the revocation of the patent on the basis of its alleged invalidity.
In its defence, and as a basis for the counterclaim, African Explosives relied, inter alia, on the inclusion in the patent of claims introduced by way of amendment to the patent. These amendments were alleged to have been made in conflict with the provisions of Section 51 of the act.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email tech support.
technology, Sasol, African Explosives, South Africa Patent Act