LML4801 Assignment
2 (COMPLETE
ANSWERS) Semester
1 2026 - DUE 14 April
2026
[Pick the date]
, Exam (elaborations)
LML4801 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 14 April
2026
Institution
University Of South Africa (Unisa)
Course
Patent and Copyright Law (LML4801)
Imagine that you are the patent manager for CIDSS, and you are tasked with
assisting Dr Dlamini with applying for the patent. Is there anything from the
scenario that would pose a challenge to the granting of the patent, or if the
patent is granted, anything that might lead to the revocation of the patent at
a future date (seeing as how South Africa is a non-examining jurisdiction as
far as patents are concerned).
As the patent manager for CIDSS, my role is to ensure that Dr. Dlamini’s invention meets the
strict legal requirements of the Patents Act 57 of 1978. Because South Africa is a non-
examining jurisdiction, the Registrar of Patents does not verify the validity of the claims—they
only check that the administrative paperwork is correct.
This creates a "fragile" patent. If the application contains flaws, the patent may be granted now
but easily revoked (cancelled) later if a competitor challenges it in the Court of the
Commissioner of Patents.
Based on standard patent principles and typical academic scenarios, here are the primary
challenges Dr. Dlamini might face:
1. The "Novelty" Challenge (Section 25)
The biggest threat to a patent is prior disclosure. For an invention to be patentable, it must be
new (novel) everywhere in the world.
The Risk: If Dr. Dlamini presented her findings at a conference, published them in a
journal, or even uploaded them to a university repository before the "priority date" (the
date the provisional application is filed), the invention is no longer "new."
South African Context: Unlike the USA, South Africa does not have a "grace period."
Any public disclosure by the inventor themselves before filing is fatal to the patent's
validity.
2 (COMPLETE
ANSWERS) Semester
1 2026 - DUE 14 April
2026
[Pick the date]
, Exam (elaborations)
LML4801 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 14 April
2026
Institution
University Of South Africa (Unisa)
Course
Patent and Copyright Law (LML4801)
Imagine that you are the patent manager for CIDSS, and you are tasked with
assisting Dr Dlamini with applying for the patent. Is there anything from the
scenario that would pose a challenge to the granting of the patent, or if the
patent is granted, anything that might lead to the revocation of the patent at
a future date (seeing as how South Africa is a non-examining jurisdiction as
far as patents are concerned).
As the patent manager for CIDSS, my role is to ensure that Dr. Dlamini’s invention meets the
strict legal requirements of the Patents Act 57 of 1978. Because South Africa is a non-
examining jurisdiction, the Registrar of Patents does not verify the validity of the claims—they
only check that the administrative paperwork is correct.
This creates a "fragile" patent. If the application contains flaws, the patent may be granted now
but easily revoked (cancelled) later if a competitor challenges it in the Court of the
Commissioner of Patents.
Based on standard patent principles and typical academic scenarios, here are the primary
challenges Dr. Dlamini might face:
1. The "Novelty" Challenge (Section 25)
The biggest threat to a patent is prior disclosure. For an invention to be patentable, it must be
new (novel) everywhere in the world.
The Risk: If Dr. Dlamini presented her findings at a conference, published them in a
journal, or even uploaded them to a university repository before the "priority date" (the
date the provisional application is filed), the invention is no longer "new."
South African Context: Unlike the USA, South Africa does not have a "grace period."
Any public disclosure by the inventor themselves before filing is fatal to the patent's
validity.
