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Featured news
Case Summary of Buzbee Judgment: extension of time in patent revocation proceedings
Judgment was handed down in the Court of Commissioner of Patents for the Republic of South Africa, on 14 April 2010, in the matter between Buzbee (Pty) Ltd (“Buzbee”) vs The Registrar of Patents and Cobb International Ltd (“Cobb”).
The matter relates to a revocation of South African Patent No. 2002/8482. The patent was granted to Cobb in December 2003; however, in December 2007, Buzbee sought that the patent be revoked. After service of the revocation application upon Cobb’s attorneys, the patentee had two months within which to lodge and serve a counterstatement, in terms of Patent Regulation 90(1). However, attorneys for the patentee proceeded to lodge and serve their counterstatement one day after their two month deadline. Buzbee then requested the Registrar to amend the patent register and mark the relevant file accordingly, as the patent was deemed to be revoked in terms of Regulation 90(1).
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