1 December 2012Jurisdiction reportsWerner van der Merwe

Inadmissable claim amendments

The court of the commissioner of patents, seated in Pretoria, has handed down judgment in the matter of Sasol Dyno Nobel (Pty) Limited v African Explosives Limited. The court had to decide whether, in patent infringement actions, the reliance by a defendant on an allegation that a patent includes claims made in conflict with the provisions of Section 51 of the Patents Act no. 57 of 1978 constitutes a competent defence.

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