Patents Act 57 of 1978
The Patents Act governs the grant and protection of patents in South Africa. Enacted in 1978, it defines patentable inventions, the requirements for patentability, the application and grant process, and the rights conferred by patents. The Act also provides for the revocation of patents and remedies for infringement.
Legal area: Law relating to the protection of creative works, inventions, designs, and trademarks.
Year enacted: 1978
Full text: https://www.gov.za/documents/south-africa-patents-act-57-of-1978
Key Provisions
- Section 2: Patentable inventions must be new, involve inventive step, and be capable of application
- Section 15: Application for a patent and the grant process
- Section 23: Duration and renewal of patents (20 years from filing)
- Section 26: Rights conferred by a patent including the right to exclude others
- Section 34: Infringement of patents and civil remedies
- Section 55: Revocation of patents for non-working or abuse of patent rights
Significance
The Patents Act is the primary statute for patent protection in South Africa. The Act has been amended by the Intellectual Property Laws Amendment Act 2013 and has been subject to proposed reform regarding compulsory licensing and the patenting of pharmaceuticals.