South Africa: Assignment of Invention Affecting Patent Validity
Janusz Luterek, Head of Africa Patents and Partner at CWB, and Dr. Madelein Kleyn, Chief Legal and Intellectual Property Officer at Omnisient, analyze the case of Regents of the University of California and Others v Eurolab (Pty) Ltd and Others, in which the Court of the Commissioner of Patents ruled that the patent application was invalid because the applicant had not acquired the right to apply from the inventor before filing.
The judgment reaffirmed the interpretation of Section 27(1) of South Africa’s Patents Act 57 of 1978, emphasizing that entitlement must be established at the time of application and not retroactively.
The analysis further highlights that patent requirements vary significantly across jurisdictions, and practices considered acceptable in one country may not satisfy legal standards elsewhere. Therefore, it is essential for applicants to carefully review the applicable laws and procedures in their intended filing jurisdiction to ensure compliance and avoid potential revocation or enforcement issues.
You can read the full article published in the March 2025 edition of IP Briefs, pages 2-12.
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