Assignment of Invention Affecting Patent Validity – South Africa
In a recent South African judgment (Regents of the University of California v Eurolab [2025] ZACCP 1), the Court of the Commissioner of Patents ruled that a patent applicant must acquire rights from the inventor before filing the application. Since no such assignment existed at the time of filing, the court revoked the patent for failing to comply with Section 27(1) of the Patents Act 57 of 1978.
Understanding the Importance of Amending Patent Specifications in South Africa
As South Africa is a non-examining country, it is especially important for a patentee to ensure that their patent claims are valid.
The Republic of Mauritius has joined PCT, but what does this really mean for Mauritius?
Mauritius has become the 157th Contracting State of the PCT. This means that from 15 March 2023 applicants will now be able to use the PCT system to obtain patent protection in Mauritius.
Listing the Correct Inventors on a South African Patent Application: Big Deal or Not?
The Applicants are not necessarily the same persons as the inventors. More often than not the Applicant is a company that has obtained the right to apply for the invention from the inventor(s).
