Groundprobe Pty Ltd and Another v Reutech Mining (Pty) Ltd and Others (1226/2019) [2021] ZASCA 22; 2021 (3) SA 473 (SCA); 2021 BIP 4 (SCA); [2021] HIPR 175 (SCA) (19 March 2021)

Groundprobe Pty Ltd and Another v Reutech Mining (Pty) Ltd and Others (1226/2019) [2021] ZASCA 22; 2021 (3) SA 473 (SCA); 2021 BIP 4 (SCA); [2021] HIPR 175 (SCA) (19 March 2021)

The Supreme Court of Appeal held that the patent claims were invalid for lack of inventive step. The only difference from prior art was mounting the radar system on a motorised automobile vehicle rather than a trailer. This adaptation was well-known in both military and mining contexts and did not require inventive ingenuity. The stabilisation apparatus was not novel, as it had been used in prior systems and did not contribute to inventive merit. Expert evidence confirmed that the claimed invention was obvious to a person skilled in the art at the priority date. Accordingly, the patent was invalid and the appeal was dismissed.

Citation
[2021] ZASCA 22
Parties
Appellant: Groundprobe Pty Ltd; Appellant: Groundprobe South Africa (Pty) Ltd; Respondent: Reutech Mining (Pty) Ltd; Respondent: Reunert Applied Electronic Holdings (Pty) Ltd; Respondent: Reutech (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 March 2021
Case Number
1226/2019
Procedural Posture
Civil Appeal / Appeal From the Court of the Commissioner of Patents
Outcome
Appeal dismissed with costs, including those of two counsel.
Judges
Ponnan, Dambuza, Molemela, Ledwaba, Gorven
Legal Topics
Patent Inventive Step, Obviousness, Revocation of Patent, Work Area Monitor, Prior Art, Combination Claims
Intellectual Property Patent Inventive Step Obviousness Revocation of Patent Work Area Monitor Prior Art Combination Claims

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Parties

Groundprobe Pty Ltd

Appellant

Groundprobe South Africa (Pty) Ltd

Appellant

Reutech Mining (Pty) Ltd

Respondent

Reunert Applied Electronic Holdings (Pty) Ltd

Respondent

Reutech (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court of the Commissioner of Patents

Legal Issues

  1. 1 Whether claims 1 and 27 of the patent are invalid for lack of inventive step.
  2. 2 Whether mounting a known radar system for slope monitoring on a motorised automobile vehicle constitutes an inventive step.
  3. 3 Whether the stabilisation apparatus described in the patent contributes to inventive merit.

Ratio Decidendi

The Supreme Court of Appeal held that the patent claims were invalid for lack of inventive step. The only difference from prior art was mounting the radar system on a motorised automobile vehicle rather than a trailer. This adaptation was well-known in both military and mining contexts and did not require inventive ingenuity. The stabilisation apparatus was not novel, as it had been used in prior systems and did not contribute to inventive merit. Expert evidence confirmed that the claimed invention was obvious to a person skilled in the art at the priority date. Accordingly, the patent was invalid and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs, including those of two counsel.

Orders

  • The appeal is dismissed with costs, including those of two counsel.