, LML4805 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2026 - DUE April 2026; 100% Correct solutions
and explanations.
2 ANSWERS PROVIDED
As patent manager for CIDSS, it is necessary to assess whether Dr Dlamini’s invention meets the
requirements for patentability under the Patents Act 57 of 1978, and to identify any risks that
may affect the validity of the patent either at the time of grant or through later revocation.
1. Patentability of the Isolated Compound (Nalequorin)
In terms of section 25(1) of the Patents Act, an invention must be new, involve an inventive
step, and be capable of industrial application. However, section 25(2) excludes mere
discoveries from patentability. Since Nalequorin is a naturally occurring photoprotein, a key
issue is whether its isolation renders it patentable.
South African law recognises that isolated and purified natural substances may be patentable
if they are sufficiently distinct from their natural form and have a clear practical application. This
principle is supported in comparative law by Diamond v Chakrabarty, where a modified natural
organism was held to be patentable.
However, if Nalequorin is viewed merely as a discovery without sufficient human intervention or
technical modification, the claim may fail. Thus, the patent must emphasise the technical
character and utility of the purified compound, particularly its high-temperature stability and
application in tumour imaging.
2. Novelty and Prior Disclosure
Section 25(5) requires that an invention must be novel, meaning it must not form part of the state
of the art prior to the filing date.
A major concern arises from Dr Dlamini’s March 2022 conference abstract, which was
publicly accessible. The abstract disclosed:
the existence of Bathysepia luminos,
the photoprotein Nalequorin, and
its potential pharmaceutical applications.
Semester 1 2026 - DUE April 2026; 100% Correct solutions
and explanations.
2 ANSWERS PROVIDED
As patent manager for CIDSS, it is necessary to assess whether Dr Dlamini’s invention meets the
requirements for patentability under the Patents Act 57 of 1978, and to identify any risks that
may affect the validity of the patent either at the time of grant or through later revocation.
1. Patentability of the Isolated Compound (Nalequorin)
In terms of section 25(1) of the Patents Act, an invention must be new, involve an inventive
step, and be capable of industrial application. However, section 25(2) excludes mere
discoveries from patentability. Since Nalequorin is a naturally occurring photoprotein, a key
issue is whether its isolation renders it patentable.
South African law recognises that isolated and purified natural substances may be patentable
if they are sufficiently distinct from their natural form and have a clear practical application. This
principle is supported in comparative law by Diamond v Chakrabarty, where a modified natural
organism was held to be patentable.
However, if Nalequorin is viewed merely as a discovery without sufficient human intervention or
technical modification, the claim may fail. Thus, the patent must emphasise the technical
character and utility of the purified compound, particularly its high-temperature stability and
application in tumour imaging.
2. Novelty and Prior Disclosure
Section 25(5) requires that an invention must be novel, meaning it must not form part of the state
of the art prior to the filing date.
A major concern arises from Dr Dlamini’s March 2022 conference abstract, which was
publicly accessible. The abstract disclosed:
the existence of Bathysepia luminos,
the photoprotein Nalequorin, and
its potential pharmaceutical applications.
