Assignment of Invention – the importance of the assignment date and impact on patent validity

March 2025

Abstract

In the recent case, Regents of the University of California and Others v Eurolab (Pty) Ltd and Others ( 2024-039643 ; 2023-108509) [2025] ZACCP 1 (25 February 2025) the Court of the Commissioner of Patents for the Republic of South Africa found that the right for an applicant to apply for a patent must have already been acquired by assignment or some other means before filing of the patent application. On the facts presented to the court, it was found that no assignment existed at the time of the application and revoked the patent on the grounds of the application not meeting the requirements of Section 27(1) of Patents Act 57 of 1978.

Subscribe to reador

For in-house counsel advising start-ups, intellectual property is often the principal source of value. Software, technical know-how, inventions, brands, data, content and confidential processes may be more important than physical...Read more

Madelein Kleyn

CEO, Mad K IP Consulting (Pty) Ltd, South Africa

The Interplay between Antitrust Law and Intellectual Property Law in South Africa: A Critical Analysis of the OECD Recommendation on Intellectual Property Rights and Competition

The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators; whilst competition law...Read more

Madelein Kleyn

CEO, Mad K IP Consulting (Pty) Ltd, South Africa

Patent law differs in each country, but there are some important equitable doctrines that apply across borders. One such a doctrine is prosecution history estoppel. The term Estoppel ...Read more

Assignment of Invention – the importance of the assignment date and impact on patent validity

Abstract

Related Papers