Inadmissable claim amendments

01-12-2012

Werner van der Merwe

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.


technology, Sasol, African Explosives, South Africa Patent Act

WIPR