Hahn & Hahn Inc v Trustco Group International (Pty) Ltd (2010/03199) [2022] ZAGPPHC 952 (5 December 2022)

Hahn & Hahn Inc v Trustco Group International (Pty) Ltd (2010/03199) [2022] ZAGPPHC 952 (5 December 2022)

The court found that the prior art disclosed all essential integers of claim 1 and claim 6 of the patent in suit, particularly regarding the provision of insurance without further charge and processing by predetermined rules. The respondent's interpretation of 'no further charge' was rejected, as the prior art showed that no additional payment was required beyond the top-up amount. The court held that the patent lacked novelty and inventive step, as the invention did not materially differ from the prior art. Claims relating to a business method were conceded by the respondent to be invalid and subject to deletion. The court refused the amendment to the patent specification, as the patent...

Citation
[2022] ZAGPPHC 952
Parties
Applicant: Hahn & Hahn Inc; Respondent: Trustco Group International (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 December 2022
Case Number
2010/03199
Procedural Posture
Revocation Application / Judgment After Hearing on Merits
Outcome
Patent No. 2010/03199 is revoked for lack of novelty and inventive step. The respondent's application for amendment and certification of validity is refused. Costs are awarded to the applicant, including costs for two counsel.
Judges
C J van der Westhuizen
Legal Topics
Patent Revocation, Novelty, Inventive Step, Business Method Exclusion, Amendment of Patent Specification, Material Misrepresentation
Intellectual Property Patent Revocation Novelty Inventive Step Business Method Exclusion Amendment of Patent Specification Material Misrepresentation

Case Brief

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Parties

Hahn & Hahn Inc

Applicant

Trustco Group International (Pty) Ltd

Respondent

Procedural Posture

Revocation Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether Patent No. 2010/03199 is invalid for lack of novelty.
  2. 2 Whether the patent lacks inventive step and is thus obvious.
  3. 3 Whether the patent specification improperly claims a business method.

Ratio Decidendi

The court found that the prior art disclosed all essential integers of claim 1 and claim 6 of the patent in suit, particularly regarding the provision of insurance without further charge and processing by predetermined rules. The respondent's interpretation of 'no further charge' was rejected, as the prior art showed that no additional payment was required beyond the top-up amount. The court held that the patent lacked novelty and inventive step, as the invention did not materially differ from the prior art. Claims relating to a business method were conceded by the respondent to be invalid and subject to deletion. The court refused the amendment to the patent specification, as the patent...

Court Disposition

Patent No. 2010/03199 is revoked for lack of novelty and inventive step. The respondent's application for amendment and certification of validity is refused. Costs are awarded to the applicant, including costs for two counsel.

Orders

  • Patent No. 2010/03199, entitled Transaction Facilitation System, is revoked.
  • The respondent is to pay the costs, including costs consequent upon the employ of two counsel.