, LML4801 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 18 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
“Patent Infringement and Defences: The Case of
Pangolin Products (Pty) Ltd and Graham’s Patent”
Introduction
This problem raises the issue of whether Pangolin Products (Pty) Ltd,
owned by Megan, infringes Graham’s patent relating to a process for the
delignification of grass to produce paper. It also asks whether Pangolin
has any defence. The relevant law is the South African Patents Act 57
of 1978, which governs the rights of patent holders, the definition of
infringement, and the grounds upon which a patent may be revoked.
The legal test for patent infringement
Under section 45(1) of the Patents Act a patent grants its proprietor the
exclusive right to make, use, exercise, dispose of or import the invention
in South Africa. A third party infringes a patent if, without authority,
they perform one of those acts in respect of an invention as claimed in
the patent.
The central question is therefore whether the allegedly infringing
process contains all the essential integers of at least one claim of the
patent. Courts interpret claims purposively but strictly: a party must
copy the invention “as claimed” or an equivalent thereof. If one essential
feature is absent, there is no infringement.
Semester 2 2025 - DUE 18 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
“Patent Infringement and Defences: The Case of
Pangolin Products (Pty) Ltd and Graham’s Patent”
Introduction
This problem raises the issue of whether Pangolin Products (Pty) Ltd,
owned by Megan, infringes Graham’s patent relating to a process for the
delignification of grass to produce paper. It also asks whether Pangolin
has any defence. The relevant law is the South African Patents Act 57
of 1978, which governs the rights of patent holders, the definition of
infringement, and the grounds upon which a patent may be revoked.
The legal test for patent infringement
Under section 45(1) of the Patents Act a patent grants its proprietor the
exclusive right to make, use, exercise, dispose of or import the invention
in South Africa. A third party infringes a patent if, without authority,
they perform one of those acts in respect of an invention as claimed in
the patent.
The central question is therefore whether the allegedly infringing
process contains all the essential integers of at least one claim of the
patent. Courts interpret claims purposively but strictly: a party must
copy the invention “as claimed” or an equivalent thereof. If one essential
feature is absent, there is no infringement.
