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African Explosives Ltd v Sasol Dyno Nobel (Pty) Ltd (1991/2194) [2012] ZAGPPHC 207; 2012 BIP 55 (CP) (13 September 2012)
High Court patent-amendment dispute over whether changes to claims 1, 4, 5, 6 and 7 introduced new matter or broadened the original scope.
Bateman Equipment Ltd and Another v Wren Group (Pty) Ltd (480/97) [1999] ZASCA 89; 2000 (1) SA 649 (SCA) (29 November 1999)
The Supreme Court of Appeal held that the requirement to furnish 'full reasons' for a patent amendment under section 51(1) of the Patents Act does not apply to amendments made during litigation under section 51(9). The court found that the reasons provided by the patentee were sufficient in the context of the proceedings and that the onus was on the objector to show that the lack of reasons justified refusal of the amendment. Regarding clarity, the court determined that the claims, when read as a whole and from the perspective of a skilled addressee, provided reasonable certainty and were not…
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