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Don’t forget the goose!
Patent law is perceived by many as a fascinating branch of the legal profession. This perception can be confirmed by those of us practicing in this field. However, if one delves deeper into the motivation behind this view when held by the layman, one comes to realise that, in part, the view is based on a fascination with the golden eggs of patented technology, being the achievements and advantages thereof. |
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Commisioner of Patents sets the records straight
Prinsloo, J sitting as the Commissioner of Patents heard an appeal on 3 October 2011 to a decision of the Registrar of Patents, being the first respondent in the appeal, taken on 19 April 2011 refusing two requests by the Appellant for the rectification of the Register of Patents. |
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Summary Landmark – Pharmaceutical – Zetomax vs Zemax
The South African Supreme Court of Appeal has handed down an important judgement for pharma trade marks. The case of Adcock Ingram v Cipla Medpro reconsidered the notion that pharmaceuticals sold on prescription are less likely to be confused because they are dispensed by trained professionals in regulated circumstances. In doing so the Court questioned the relevance of findings in a 1983 leading case, also involving Adcock, in contemporary society. |
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Commissioner of Patents sets the records straight
Prinsloo, J sitting as the Commissioner of Patents heard an appeal on 3 October 2011 to a decision of the Registrar of Patents, being the first respondent in the appeal, taken on 19 April 2011 refusing two requests by the Appellant for the rectification of the Register of Patents. |
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The Best of Gastro 2012: Stable Table (E.Ahlström Oy)
Adams & Adams has been involved in the filing and prosecution of the basic “Stable Table” inventions since 1997. StableTable® is a range of patented, self-stabilising tables that works both inside and out and can help caterers solve issues caused by uneven floors. It can be used on any surface including tiles, wood or cobblestones, manages height differences up to 20-25mm, and can be fitted with any type of table top. |
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America (Re-) Invents Patent Law
South African patent practitioners and patent applicants alike will be appreciative of the fact that the US patent system has some peculiarities in respect of patent systems over most other countries. The recently enacted Leahy-Smith America Invents Act (‘the AIA’), however, brings about significant change in the patent system of the United States, bringing it into closer alignment with more common international practices in patent law. The AIA was signed into law by US Pres. Barack Obama on 16 September 2011 and most of its provisions will come into force within the following year. |
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Second Proposed Amendments are Highly Welcomed by Software Developers
The second proposed amendments (introduced during October 2011) seem to provide more clarity on most of the provisions which govern the research and development (R&D) tax incentive as compared to the first proposed amendments (introduced during June 2011). |
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Debugging patent claims for software related inventions
Instead of explicitly stating what constitutes a patentable invention, the South African Patents Act (“the Act”) provides an exclusionary list stating what shall not be considered “an invention” for the purposes of the Act. |
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Are Proposed Amendments to Section 11D Providing Clarity?
The current section 11D of the Income Tax Act No. 58 of 1962 (the Act) provides for research and development (R&D) incentives which include a 150% deduction of operating expenses and accelerated depreciation of any building or part thereof, machinery, plant, implements, utensil or article. |
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Comparing Apples with Pears – the SA pharmaceutical market is not the same as the US one!
A recent report by the American Federal Trade Commission (“FTC”, the equivalent to South Africa’s competition authorities) on the short- and long-term effects of authorised generics sparked an article in the Business Report on Friday, 14 October - “Delay in generics robbing SA’s sick”. |
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New Bill for green fingers – draft Plant Breeders’ Rights Amendment Bill
The Minister of Agriculture, Forestry and Fisheries has, under Notice 688 of 2011 in the Government Gazette of 7 October 2011 invited interested parties to submit written comments on the draft Plant Breeders’ Rights Amendment Bill. If enacted, the Bill will replace the Plant Breeders’ Rights Act No. 15 of 1976, as amended. |
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To patent or not to patent – ‘tis the question
Perfumes, cosmetics, hair care products, cold drinks, secret recipes for extra crispy chicken – they all pose a dilemma, namely whether to patent them and tell the whole world about them or whether to hang on to what they consist of - much like Sméagol from Lord of the Rings when he tried to hold on to “Precious”. |
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Assessing obviousness of a South African invention
The Supreme Court of Appeal today (7 September 2011) delivered judgment in a patent amendment matter between Ausplow Pty Ltd and Northpark Trading 3 (Pty) Ltd and three others. |
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Failure of patentees to have regard to the nuclear energy act could be fatal
The SA Patents Act does not specifically exclude inventions relating to nuclear energy from patentability. However, the SA Nuclear Energy Act (“NEA”) sets out a number of procedural steps in section 41 that must be complied with when applying for a patent in South Africa relating to nuclear energy or related subject matter. A patent granted contrary to the provisions of section 41 will result in the patent having no legal effect. |
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Rwanda joins ARIPO
“Rwanda has become the latest African country to join the African Regional Intellectual Property Organisation (ARIPO). The country deposited its Instrument of Accession on 24 June 2011 and the Harare Protocol will enter into force on 24 September 2011. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
