LML4801
Assignment 2 Semester 1 2026
Unique number: 816972
Due Date: 14 April 2026
QUESTION 1
Dr Dlamini‟s invention reveals several potential risks relating to novelty, inventiveness, and
patentable subject matter, which may affect both the granting and future validity (revocation)
of the patent.
1. Novelty concerns (section 25(5) and 25(6))
The most immediate risk arises from prior disclosure, particularly Dr Dlamini‟s March 2022
conference presentation in Durban. The abstract was published in publicly available
proceedings, which forms part of the state of the art because it was made available to the
public before the priority date.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
Dr Dlamini‟s invention reveals several potential risks relating to novelty,
inventiveness, and patentable subject matter, which may affect both the granting and
future validity (revocation) of the patent.
1. Novelty concerns (section 25(5) and 25(6))
The most immediate risk arises from prior disclosure, particularly Dr Dlamini‟s March
2022 conference presentation in Durban. The abstract was published in publicly
available proceedings, which forms part of the state of the art because it was made
available to the public before the priority date.1
In terms of s 25(5) of the Patents Act 57 of 1978, an invention is not new if it forms
part of the state of the art immediately before the priority date.2 Section 25(6) further
provides that the state of the art includes all matter made available to the public
anywhere in the world by written or oral description.3
Although the abstract only refers to “potential pharmaceutical applications,” South
African law does not require full technical disclosure for novelty to be destroyed;
what is required is that the prior disclosure must anticipate the essential features of
the invention.4
However, an important qualification arises from Merck Sharp Dohme Group v Cipla
Agrimed (Pty) Ltd, where the Supreme Court of Appeal held that prior disclosure
must be enabling in order to destroy novelty.5 Since the conference abstract does
not disclose the nanoparticle encapsulation method, it is unlikely to anticipate the
process claim, although it may still affect the compound claim if sufficiently disclosed.
2. Discovery vs invention (section 25(2))
1
Patents Act 57 of 1978 s 25(6).
2
Patents Act 57 of 1978 s 25(5).
3
Patents Act 57 of 1978 s 25(6).
4
Gentiruco AG v Firestone SA (Pty) Ltd 1972 (1) SA 589 (A).
5
Merck Sharp Dohme Group v Cipla Agrimed (Pty) Ltd 2015 BIP 101 (SCA).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2026
Unique number: 816972
Due Date: 14 April 2026
QUESTION 1
Dr Dlamini‟s invention reveals several potential risks relating to novelty, inventiveness, and
patentable subject matter, which may affect both the granting and future validity (revocation)
of the patent.
1. Novelty concerns (section 25(5) and 25(6))
The most immediate risk arises from prior disclosure, particularly Dr Dlamini‟s March 2022
conference presentation in Durban. The abstract was published in publicly available
proceedings, which forms part of the state of the art because it was made available to the
public before the priority date.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
Dr Dlamini‟s invention reveals several potential risks relating to novelty,
inventiveness, and patentable subject matter, which may affect both the granting and
future validity (revocation) of the patent.
1. Novelty concerns (section 25(5) and 25(6))
The most immediate risk arises from prior disclosure, particularly Dr Dlamini‟s March
2022 conference presentation in Durban. The abstract was published in publicly
available proceedings, which forms part of the state of the art because it was made
available to the public before the priority date.1
In terms of s 25(5) of the Patents Act 57 of 1978, an invention is not new if it forms
part of the state of the art immediately before the priority date.2 Section 25(6) further
provides that the state of the art includes all matter made available to the public
anywhere in the world by written or oral description.3
Although the abstract only refers to “potential pharmaceutical applications,” South
African law does not require full technical disclosure for novelty to be destroyed;
what is required is that the prior disclosure must anticipate the essential features of
the invention.4
However, an important qualification arises from Merck Sharp Dohme Group v Cipla
Agrimed (Pty) Ltd, where the Supreme Court of Appeal held that prior disclosure
must be enabling in order to destroy novelty.5 Since the conference abstract does
not disclose the nanoparticle encapsulation method, it is unlikely to anticipate the
process claim, although it may still affect the compound claim if sufficiently disclosed.
2. Discovery vs invention (section 25(2))
1
Patents Act 57 of 1978 s 25(6).
2
Patents Act 57 of 1978 s 25(5).
3
Patents Act 57 of 1978 s 25(6).
4
Gentiruco AG v Firestone SA (Pty) Ltd 1972 (1) SA 589 (A).
5
Merck Sharp Dohme Group v Cipla Agrimed (Pty) Ltd 2015 BIP 101 (SCA).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
