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Intellectual Property [2013] ZASCA 157

Standard Bank of South Africa Ltd v 3MFuture Africa (Pty) Ltd (47/2013)

Standard Bank of South Africa Ltd v 3MFuture Africa (Pty) Ltd (47/2013) [2013] ZASCA 157; 2013 BIP 128 (SCA) (22 November 2013)

The court held that the claimed invention was not confined to authorising only single transactions but extended to authorising multiple transactions at the selection of the account holder. The language of the claim did not support the respondent's construction that the method was limited to single transactions. The prior art (McAllister patent) disclosed a method that allowed an account holder to enable or disable an account for transactions, which anticipated the essential elements of the claimed invention. As a result, claims 17, 18, and 19 were not novel and were invalid. The patent was th…

  • Patent Revocation
  • Novelty Requirement
  • Anticipation By Prior Art
  • Patents Act 1978
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