The Court of the Commissioner of Patents recently handed down a decision which brings long awaited clarity and relief to the patent profession and applicants in South Africa.  The issue before the court was whether an applicant for a patent may request an extension of time within which to publish acceptance of a complete specification […]

Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles.  The trial took place in May 2020 and was the first trial concerning intellectual property to take place virtually in South Africa. Sports bars and nudge bars […]

You First Mobile (Pty) Ltd instituted an action against Microsoft (Pty) Ltd for infringement of its South African patent.  Microsoft in turn brought an interlocutory application against Your First Mobile to (1) compel You First Mobile to furnish it with the prescribed particulars of search reports issued in foreign jurisdictions in respect of foreign patent […]

A patent provides the right to exclude others from making, using, exercising, disposing of (selling), offering to dispose of (offering for sale), or importing the patented invention for the term of the patent. When this right is infringed upon by others without permission, litigation may ensue. Patent litigation can be costly, complicated, and time-consuming to […]

A recent decision concerning a functional design registration registered in terms of the Designs Act 195 of 1993 was handed down by Acting Judge Millar in the High Court, Gauteng Division, Pretoria.

Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope […]