Marine 3 Technologies Holdings (Pty) Ltd v Afrigroup Investments (Pty) Ltd and Another (0018/14)
Marine 3 Technologies Holdings (Pty) Ltd v Afrigroup Investments (Pty) Ltd and Another (0018/14) [2014] ZASCA 208; 2015 (2) SA 387 (SCA); 2014 BIP 104 (SCA) (1 December 2014)
The Supreme Court of Appeal held that the court below erred in its restrictive interpretation of the terms 'dispersed' and 'dissolved' in the patent claims, failing to consider the context of the specification and the understanding of a skilled chemist. The evidence established that the surfactant composition described in claim 1 could be manufactured and had in fact been produced and sold commercially. The theoretical objections raised by the respondents' experts were not supported by practical attempts to manufacture the composition. The court emphasized that utility is demonstrated by actu…
Source excerpt
- Patent Revocation
- Utility Requirement
- Patents Act 1978
- Interpretation Of Claims