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Amendments to patents when court proceedings are pending
A patent amendment application filed at the same time as an application for an interdict and restraining order
On 7 December 2009, Judge Claasen, sitting as the Commissioner of Patents for the Republic of South Africa, delivered his judgment in the matter of Sanofi-Aventis and two others (“Sanofi”) vs Cipla Medpro (Pty) Limited and another (“Cipla”) in the Court of the Commissioner of Patents.
The matter relates to the procedural requirements for filing an application for the amendment of a patent specification during Court Proceedings, which is not the normal approach to applying for an amendment, and more particularly to an interpretation of the word “pending” in terms of the South African Patents Act.
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