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It instructs candidates to answer 14 questions, with Act and Regulations references directed to the South African Patents Act (No. 57 of 1978) and the South African Patent Regulations (1978). Questions cover Paris Convention principles, international filing via PCT, patentability criteria, novelty exceptions, disclosure exceptions, court decisions on patent practice, prosecution and amendment options, joint patentee ownership remedies, inventor addition procedures, and related legal responses to client inquiries.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/south-african-patent-law-and-practice-group-1b-examination-paper/456678/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/south-african-patent-law-and-practice-group-1b-examination-paper/456678.png","ImageObject",300,407,{"name":92,"@type":93},"dabgoudw","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-23","2026-09-30",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What legislation are references in the answers required to cite?","Question",{"text":112,"@type":113},"All Act references must be to the South African Patents Act, No. 57 of 1978, as amended, and all Regulations references must be to the South African Patent Regulations, 1978, as amended.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What topics are assessed in Question 1?",{"text":117,"@type":113},"Question 1 assesses the key principles of the Paris Convention and the advantages of filing an international patent application via the PCT.",{"name":119,"@type":110,"acceptedAnswer":120},"What does Question 4 require regarding novelty and disclosure?",{"text":121,"@type":113},"Question 4 requires explaining exceptions to novelty, including undisclosed inventions as prior art, and discussing exceptions where public disclosure will not invalidate a patent under Section 26 of the Act.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},456678,1791454402,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":39,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":46},3985747860484,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","PATENT EXAMINATION BOARD  \nSOUTH AFRICAN PATENT LAW AND PRACTICE – GROUP 1(b)  \n25 June 2024  \nExaminer: M Vatta  \nModerator: T Mashabela  \nTime: 09:00 to 13:00  \nTotal marks: 200  \nThis examination consists of 8 pages (including this cover page) .  \nInstructions and notes:  \n1. Answer all questions (14 in total) .  \n2. Write neatly and legibly.  \n3. All references to the Act are references to the South African Patents Act, No. 57 of 1978, as amended.  \n4. All references to the Regulations are references to the South African Patent Regulations, 1978, as amended.  \n5. Wherever possible, your answers should refer to the relevant case law, sections of the Act and/or Regulations, the content of the section and/or regulation should be set out and only then should you make a conclusion.  \nQUESTION 1  \nDiscuss the key principles of the Paris Convention and the advantages of filing an international patent application via the Patent Cooperation Treaty (PCT) . (10 marks)  \nQUESTION 2  \nDiscuss the extrinsic criteria for patentability under South African Patent Law, highlighting the key requirements. In your answer, provide the statutory provisions. (10 marks)  \nQUESTION 3  \n3.1 You receive the following e-mail from a foreign associate:  \nDear Colleagues  \nOne of our clients, a large US-based pharmaceutical manufacturer, wishes to enter the national phase of an international PCT patent application in South Africa. Our client wishes to know whether the following claim is permissible in terms of South African law:  \n“1. A method of treating a subject suffering from a urinary disorder selected from the group consisting of urinary incontinence, urge incontinence, urinary frequency noturia and enurensis, comprising administering to the subject a therapeutically effective amount of the compound of Formula X”.  \nPlease provide to us your comments.  \nWrite a response to your client, setting out the relevant provision(s) of our Act.  \n(10 marks)  \n3.2 You receive a follow-up query from the foreign associate:  \nDear Colleagues  \nThank you foryour helpful advice and prompt assistance.  \nOur client now wishes to know the South African position on the patentability of the use of the same compound of Formula X for the treatment of diabetes mellitus.  \nWe look forward to receiving your advice.  \nReferring to the relevant provision(s) of our Act, and case law, write a response to your client’s query. (10 marks)  \nQUESTION 4  \n4.1 Explain the exceptions to novelty, referring to the relevant sections of the Act, where undisclosed inventions are considered prior art. (8 marks)  \n4.2 In terms of Section 26 of the Act, there are instances where the public disclosure of an invention will not invalidate a patent. Discuss these exceptions. (6 marks)  \nQUESTION 5  \nDiscuss, with reference to the questionable provisions of the Act and Regulations, the ruling of the Court of the Commissioner of Patents in the case of University of Pretoria v Registrar of Patents and Others and how the judgement in the case of Mu Mecanicos Unidos S.A. S. v The Registrar of Patents differs from the University of Pretoria case. (10 marks)  \nQUESTION 6  \n6.1 Your clients, James Bond and Jason Bourne, for whom you are prosecuting a South African patent application accompanied by a complete specification , approach you for advice. Since the filing of their patent application, they have made a new improvement  \nto the invention that they now seek to protect. Advise you clients on the option(s) available to them and advise them of the provisions relating to their option(s) .  \n(13 marks)  \n6.2 The business relationship between James Bond and Jason Bourne has soured because Jason Bourne believes that James Bond is conducting business with their competitor and is of the view that James Bond did not really contribute to the invention. Jason Bourne believes that he should be the sole patentee as he made the discovery that led to the inventive concept.  \n6.2.1 Advise your clients on who is ent","cbCaie8kK8oH0h91","https://ap.wps.com/l/cbCaie8kK8oH0h91","pdf",303749,"English","# QUESTION 1\n# QUESTION 2\n# QUESTION 3\n## 3.1\n## 3.2\n# QUESTION 4\n## 4.1\n## 4.2\n# QUESTION 5\n# QUESTION 6\n## 6.1\n## 6.2\n### 6.2.1\n### 6.2.2\n### 6.2.3\n### 6.2.4\n### 6.2.5\n# QUESTION 7\n## 7.1\n## 7.2\n# QUESTION 8","[{\"question\":\"What legislation are references in the answers required to cite?\",\"answer\":\"All Act references must be to the South African Patents Act, No. 57 of 1978, as amended, and all Regulations references must be to the South African Patent Regulations, 1978, as amended.\"},{\"question\":\"What topics are assessed in Question 1?\",\"answer\":\"Question 1 assesses the key principles of the Paris Convention and the advantages of filing an international patent application via the PCT.\"},{\"question\":\"What does Question 4 require regarding novelty and disclosure?\",\"answer\":\"Question 4 requires explaining exceptions to novelty, including undisclosed inventions as prior art, and discussing exceptions where public disclosure will not invalidate a patent under Section 26 of the Act.\"}]","South African Patent Law and Practice - Group 1(b) - Examination Paper | PDF",1790746692]