LML4801
Assignment 2 Semester 1 2025
Unique #:
Due Date: 24 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Under the South African Patents Act 57 of 1978, patents may be revoked on
various grounds, particularly if they fail to meet the substantive requirements of
novelty, inventive step (non-obviousness), or are otherwise excluded from
patentability.
1. Novelty (Section 25(5))
One of the primary grounds for revocation under section 61(1)(c) of the Patents
Act is that the invention claimed in the patent is not new. Novelty is assessed with
reference to the state of the art immediately prior to the priority date of the patent.
The compound maxorevo was identified as early as March 2001 and has been
used in cardiac arrhythmia management medicine since 2004.
In Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Group and Another 2014 BIP
27 (CP), the court initially held that mere disclosure of the invention was sufficient
to constitute anticipation. However, the SCA in Merck Sharp Dohme Group and
Another v Cipla Agrimed (Pty) Ltd 2015 BIP 101 (SCA) added that the disclosure
must be "enabling"—meaning that a person skilled in the art should be able to
perform the invention based on the prior disclosure.
In this scenario, if maxorevo and its use for treating arrhythmia were already
known in 2004, R.D. Gen must show that the specific dosage regime (once daily
for seven days using a rapid-release tablet for a compound with a 12-hour or less
half-life) was also disclosed in an enabling manner. If the prior art does not clearly
and sufficiently teach this particular dosage regime, then the invention may still be
novel.
Likelihood of Success: Moderate
Success depends on whether the precise dosage and method of treatment were
known or could be inferred from earlier disclosures. If not, the patent may
withstand this challenge.
2. Inventive Step (Section 25(10))
The Patents Act provides in s 25(10) that an invention is only patentable if it
involves an inventive step—meaning that it must not be obvious to a person
skilled in the art. The applicable test involves a multi-step process drawn from
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 1 2025
Unique #:
Due Date: 24 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Under the South African Patents Act 57 of 1978, patents may be revoked on
various grounds, particularly if they fail to meet the substantive requirements of
novelty, inventive step (non-obviousness), or are otherwise excluded from
patentability.
1. Novelty (Section 25(5))
One of the primary grounds for revocation under section 61(1)(c) of the Patents
Act is that the invention claimed in the patent is not new. Novelty is assessed with
reference to the state of the art immediately prior to the priority date of the patent.
The compound maxorevo was identified as early as March 2001 and has been
used in cardiac arrhythmia management medicine since 2004.
In Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Group and Another 2014 BIP
27 (CP), the court initially held that mere disclosure of the invention was sufficient
to constitute anticipation. However, the SCA in Merck Sharp Dohme Group and
Another v Cipla Agrimed (Pty) Ltd 2015 BIP 101 (SCA) added that the disclosure
must be "enabling"—meaning that a person skilled in the art should be able to
perform the invention based on the prior disclosure.
In this scenario, if maxorevo and its use for treating arrhythmia were already
known in 2004, R.D. Gen must show that the specific dosage regime (once daily
for seven days using a rapid-release tablet for a compound with a 12-hour or less
half-life) was also disclosed in an enabling manner. If the prior art does not clearly
and sufficiently teach this particular dosage regime, then the invention may still be
novel.
Likelihood of Success: Moderate
Success depends on whether the precise dosage and method of treatment were
known or could be inferred from earlier disclosures. If not, the patent may
withstand this challenge.
2. Inventive Step (Section 25(10))
The Patents Act provides in s 25(10) that an invention is only patentable if it
involves an inventive step—meaning that it must not be obvious to a person
skilled in the art. The applicable test involves a multi-step process drawn from
Varsity Cube 2025 +27 81 278 3372
