Patents

The recent publication of the Plant Health (Phytosanitary) Act 35 of 2024 is expected to herald significant changes in South Africa’s approach to the management of plant pests. The Act replaces parts of the Agricultural Pests Act 36 of 1983 directed to plant pests. In doing so, it provides for the designation of an Executive […]

The South African Patents Act sets out a number of requirements for a patent to be valid. For example, the invention claimed in a patent must be new and not obvious. If a patent does not meet these requirements, a person can apply to court for the patent to be revoked. Persons against whom a […]

While South Africa has been understandably caught up in election fever, a quietly momentous event has taken place in Geneva. On 24 March 2024, the World Intellectual Property Organization (WIPO) member states adopted a new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. This adoption follows decades of negotiation and, more recently, vigorous […]

Leon Trotsky is supposed to have said “you may not be interested in war, but war is interested in you.”. This may or may not be true in war, but it is certainly true in law. When a person goes into business, they immediately find themselves entangled in law. This is most obvious in the […]

In September 2018, the Constitutional Court of South Africa unanimously ruled that the personal and private use of Cannabis, by adults, would be decriminalised. This meant that the ban on private possession and consumption as well as cultivation of Cannabis plants for personal use was unconstitutional and infringed on section 14 of the Constitution which […]

We’re fond of the “tool kit” approach to Intellectual Property. This is where we encourage our clients to view IP not through the lens of a set of rights to be obtained for their own sake, but instead as a series of legal tools which can be applied to a number of different situations and […]

Adams & Adams is very pleased to announce the appointment of Dr Joanne van Harmelen as a new partner. Joanne joins Adams & Adams in March 2024, bringing her expertise as patent attorney in life sciences, chemical inventions and plant breeders’ rights to strengthen the firm’s highly regarded patent, design and PBR legal services. “We […]

The Supreme Court of the United Kingdom handed down its judgment on whether a machine (Dabus) powered by artificial intelligence (AI) may be an inventor in terms of the UK Patents Act. The Court was asked to consider two patent applications filed by Dr Stephen Thaler who maintains that the inventions were created autonomously by […]

Egypt is one of several countries that still require applicants to obtain legalisation of certain documents when filing patent, design or trademark applications in that country. Failure to file the legalised documents within the deadlines provided often lead to lapsing of the right in question. Applicants are afforded the opportunity to file an appeal against […]

Johannesburg – Dec 11, 2023 – Qualcomm Incorporated announced today, the launch of L2Pro Africa IP e-learning Platform, a free online training program designed to empower startups, SMEs, and researchers in Africa to protect, secure, and maximize their innovations. This program has been created in collaboration with Adams and Adams, Africa’s leading intellectual property (IP) […]

The Court of the Commissioner of Patents recently handed down a decision which brings long awaited clarity and relief to the patent profession and applicants in South Africa.  The issue before the court was whether an applicant for a patent may request an extension of time within which to publish acceptance of a complete specification […]

On 25 August 2023, the Minister for Agriculture, Land Reform and Rural Development (DALRRD) in South Africa issued amended regulations to the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947. These regulations will replace the previous Regulations relating to Agricultural Remedies as Published on 22 September 2006 as amended on 11 July 2008. […]

According to WIPO’s international patent filing statistics, the number of patent applications filed in South Africa in 2022 jumped by 63.9% compared to 2021. The South African Patent Office records indicate that this growth was mostly attributed to foreign applicants, with most originating from China and to a lesser extent, India. Usually, an increase in […]

Fashion trends come and go, but for designers who take their creative work seriously, protecting the intellectual property (IP) rights of a design ensures long-lasting value. Entrepreneurs in the fashion industry need to be made more aware of the benefits of obtaining registered design protection for their creative IP. Most tend to turn to legal […]

Recently, the Registrar of the South African Patent Office published a practice note updating the formality requirements for assignments in patent applications. Previously, where an International PCT application claims priority from an earlier filed application in a Convention country,  assignments were not required for filing in the South African PCT national phase application if the […]

Participating countries attending the 12th Ministerial Conference of the World Trade Organization (WTO) in Geneva, Switzerland reached an agreement on 17 June 2022 to partially waive intellectual property restrictions on the manufacture and production of COVID-19 vaccines for the next five years. The partial waiver provides that developing nations may authorise the use of the […]

Once you have conceived or developed an invention, it is time to patent that invention. However, the patenting process can be time consuming and complicated. It is advisable to consult and hire a patent attorney to assist you with the patent registration process. Even though your patent attorney will have the necessary skills, knowledge, and […]

It is advisable for an inventor to acquire a patent when creating or designing a new invention. By obtaining a patent, an inventor can be sure that their invention is protected against others making use of, selling, manufacturing, advertising, or importing the invention without permission from the patent holder. In order to acquire a patent […]

In 2018 the Constitutional Court of South Africa ruled that personal and medical marijuana use in South Africa was deemed to be legal, with the Court directing the South African government to put in place the necessary legal framework to give effect to the Court’s decision within 24 months of the judgement. Unfortunately, the government […]

South Africa, just like many other countries, has a set of legal provisions pertaining to subject matter for which patent protection may not be obtained. For example, and relevant for present purposes, in terms of section 25(11) of the South African Patents Act (“the Act”), inventions which are directed to methods of treatment on the […]

INTRODUCTION South Africa has a biodiversity of 10% of the world’s plants; 7% of the world’s reptiles, birds and mammals and 15% of known coastal marine species. Over and above, South Africa is a rich source of traditional knowledge concerning the use of biological resources for the healing of ailments and the like. (Bioprospecting Regulatory […]

Adams & Adams participates in the Experiential Learning Programme for SSE patent examiners The Department of Trade and Industry’s draft Intellectual Property (IP) Policy of South Africa seeks to provide a co-ordinated approach on IP matters by the national government through the implementation of structural and legislative reforms within South Africa’s IP landscape. As part […]

In a recent ruling relating to the well-known “Please Call Me” (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered the defendant to go back to the drawing board and recalculate the amount of compensation that it believes should be paid to the plaintiff, being a former employee who has […]

CLICK HERE TO VIEW JUDGEMENT On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer. In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in […]

Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles.  The trial took place in May 2020 and was the first trial concerning intellectual property to take place virtually in South Africa. Sports bars and nudge bars […]

You First Mobile (Pty) Ltd instituted an action against Microsoft (Pty) Ltd for infringement of its South African patent.  Microsoft in turn brought an interlocutory application against Your First Mobile to (1) compel You First Mobile to furnish it with the prescribed particulars of search reports issued in foreign jurisdictions in respect of foreign patent […]

Recently, South Africa obtained notoriety in its patent office being the first in the world to grant a patent in which an artificial intelligence (AI) is identified as the inventor (the South African Patent). As is widely known, the South African patent office does not examine patent applications substantively.  Patent applications are only examined for […]

Prejudice lurks in expediting grant of patents based on local formality examination alone Recent reports of a sharp increase in the number of South African patent applications that are being filed along with requests for expedited acceptance brings to mind the well-known fable of the tortoise and the hare. The hare, confident in the superiority […]

The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Judge Fourie sitting as Commissioner of Patents recently handed down judgment wherein an interim interdict was […]

THE APPEAL BOARD APPOINTED IN TERMS OF S 42(2) OF THE PLANT BREEDERS’ RIGHTS ACT, 15 OF 1976 DECISION In the matter between: AGRICULTURAL RESEARCH COUNCIL (“ARC”)                                               Appellant and REGISTRAR OF PLANT BREEDERS’ RIGHTS (“the Registrar’)           First Respondent SUNKIST GROWERS INC (“SGI”)                                                       Second Respondent   ORDER On appeal from a decision of the Registrar of […]

In the past few days, there has been extensive reporting, globally, heralding the South African Patent Office (administered by the Companies and Intellectual Property Commission, or “CIPC”) (“Patent Office”) for having been the first patent office in the world to have granted a patent for an invention that was created by artificial intelligence (“AI”). The […]

Although 3D printing technology has been in existence for several decades, its recent proliferation makes it clear that never before as much as now, has this technology presented as acute a challenge to to Intellectual Property (IP) laws and rights holders, and to traditional manufacturing practices. The prolific rate at which 3D printers are being […]

The coronavirus pandemic that has gripped the world and paused life in an unprecedent manner has infected over  millions of people worldwide with well over a million deaths and counting. South Africa has shown a highly positive recovery rate of 90%, and in many ways we feel we have beaten the virus. The global impact of […]

Innovations in electronic, mechanical and software technology are a dynamic and increasingly growing field, and as such protecting these inventions should be handled by a patent team who not only understands the market but has the technical expertise and experience for the most successful outcome. Local client-based solutions The Adams & Adams Information and Communications […]

South Africa has a very active, and deeply rooted, chemical, metallurgical and process engineering industry that continues to contribute significantly to the country’s GDP. This provides fertile ground for market focused research and development work and, in this space, new technologies are therefore developed and commercially exploited at a rapid pace. Patent protection holds significant […]

Protecting one’s rights to intellectual property in Africa is often regarded as overwhelming and complicated, due to differing legal requirements and a perceived lack of capacity in certain jurisdictions. A team that has African expertise and experience in patent and design filings and prosecutions in multiple jurisdictions across the continent can make this an easier […]

A patent provides the right to exclude others from making, using, exercising, disposing of (selling), offering to dispose of (offering for sale), or importing the patented invention for the term of the patent. When this right is infringed upon by others without permission, litigation may ensue. Patent litigation can be costly, complicated, and time-consuming to […]

Biotechnologists work tirelessly to improve our quality of life.  Never has this been more evident than in the current global health crisis that we face.  Their inventions address some of the world’s greatest challenges. Advancements in medicine, surgical procedures, food science, and agriculture, amongst many others, stem from innovations and technical achievements in this field […]

Virtual reality has been on the rise in the past years and is a growing and dynamic area of technological advancement and development. In 2020, through necessity, many of us have found ourselves conducting various aspects of our lives, everything from business meetings to birthday parties, through virtual platforms. In the mainstream, we have seen […]

Covid-19 In the past couple of months, the global population has not only proverbially had their eyes glued on the Covid-19 pandemic, but also their bodies glued to their chairs, at home. In combating the virus, governments have put in place lockdown regulations which have kept the populace homebound. The lockdown regulations imposed by most […]

In an article of ours of earlier this year, we discussed the administrative rejection, by the European Patent Office (EPO), of two patent applications, both in the name of Dr Stephen L Thaler, initially for not naming any inventors and, thereafter, for naming an artificial intelligence (“AI”) system (named “DABUS”) as the inventor. As we […]

Software patents have often been a divisive topic amongst technology companies and patent attorneys alike.  This is certainly true in South Africa, but it is also a little more confusing here as we don’t have any reported cases on the topic to provide us with guidance or a set of rules for determining when, and […]

TikTok, the social network and video sharing platform of the moment, is being sued for patent infringement.  Rival Triller (less well-known than TikTok to many) has filed a patent infringement lawsuit in the USA for a video-related patent.  The patent in question is US Patent No. 9,691,429. Patent documents can get pretty technical, but this […]

It was recently reported by News24 that the Ministry of Higher Education, Science and Technology has indicated, somewhat in passing, that it will be reassigning funds toward researching the possible efficacy of traditional medicines against Covid-19. Traditional medicines form part of that body of information which is commonly referenced in the intellectual property community as […]

The national lockdown, due to the worldwide COV19 pandemic, has had negative consequences on many businesses. This has led to people having to think outside the box to make ends meet, some of these ideas being to explore the possibility of new entrepreneurial ventures. While considering which business opportunity to spend your time on, it […]

Pharmaceutical IP and competition law in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to pharmaceutical IP and competition law in South Africa. The Q&A gives a high level overview of key issues including patents, trade marks, competition law, patent licensing, generic entry, abuse of dominance and parallel […]

Medicinal product regulation and product liability in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to medicinal product regulation and product liability law in South Africa. The Q&A gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, and […]

Patent attorneys provide guidance, assisting with the patent application process from acquisition to enforcement, and commercialisation. They litigate intellectual property matters and issues, including those for patents in South Africa. How to Patent an Idea It is important to note that in order to be patentable, an idea must be novel.  This means that it […]

There is a common confusion amongst people regarding the difference between a patent and a trade mark. A trade mark typically includes designs, logos, phrases, slogans and names. Patents, however, provide protection for inventions which includes new products, methods, processes, or compositions. A patented item may not be duplicated, made/manufactured or sold without prior consent […]

Amid the outbreak of the COVID-19, many countries around the world implemented various drastic measures to curb the spread of the virus. South Africa, with the highest number of reported cases in Africa, was forced to effect such measures, inclusive of a national lockdown, in order to save lives, albeit economic repercussion of these measures.

The South African cannabis market is poised to take off and local entrepreneurs should move industriously to secure their place in this prospective industry, says Pieter Visagie, Partner and Patent Attorney at law firm Adams & Adams.

The European Patent Office (EPO) has finally been given, and has taken, an opportunity to pin its colours to the mast on the question of how it would interpret its legal provisions, as they stand, on the naming of inventors in cases where inventions are asserted as having been created by artificial intelligence (AI).

Is Inventiveness a Matter for Experts? Sandvik v Outokumpu OYJ & another (879/2018) 2019 ZASCA 115 (18 September 2019).

Back in the day, young gamers used to immerse themselves in games such as Street Fighter, Super Mario, Cadillacs and Dinosaurs, and Tomohiro Nishikado’s Space Invaders. Nowadays, gamers battle it out in a game of FIFA, God of War, and Fortnite, in the hopes of becoming the next Kyle Giersdorf, winning $3 million in prize […]

Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope […]

Hya Matla Organics has found a way to deal with a plant that is choking Africa’s waterways, and Adams & Adams is leading the charge to protect their invention worldwide.

You’ve come up with a great new idea and believe you’re the first person in the world to have that idea. As you start planning world domination, you consider whether you can patent your invention. Patents protect new inventions and give the owner a 20-year head-start as it gives the owner a right to exclude […]

The rise of blockchain technology, and particularly cryptocurrencies, has influenced various aspects of the global economy and the technological landscape. But while blockchain technology could benefit the patent system, it may also challenge the patent system or hurt its credibility.

Did you know that patent matters in South Africa are adjudicated in a specialised court: the Court of the Commissioner of Patents? The Commissioner effectively has the powers of a High Court judge and the specialised court functions in a very similar way to a division of the South African High Court. The Commissioner has […]