Semester 2 2025 – DUE 18 September 2025; 100%
correct solutions and explanations.
Introduction
The South African patent system, regulated by the Patents Act 57 of
1978, aims to balance the encouragement of innovation with the
prevention of unjustified monopolies. A valid patent grants its
holder exclusive rights to exploit the invention, but only if the
invention is new, involves an inventive step, and is capable of
application in trade or industry.¹ This assignment assesses whether
Pangolin Products (Pty) Ltd infringes Graham’s patent and
considers possible legal defences available to Pangolin.
Analysis
1. Infringement
Patent infringement occurs when a person, without consent, makes,
uses, disposes of, or imports an invention claimed in a valid patent.²
The determination is made by interpreting the patent’s claims
purposively and comparing them to the allegedly infringing
process.³
Graham’s 2014 patent describes a process of delignification using
additive C. Megan, through Pangolin Products, applied a similar
process she found in a 1990 engineering book but added substance
A (functionally equivalent to C) and substance B (to reduce smell
and pollution). Because additive A performs the same function as
additive C at the same stage of the process, there is a strong case for