In a recent judgement by the Court of the Commissioner of Patents (Republic of South Africa) in the 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 found that the right for an applicant to apply for a patent where such right is as the consequence of an assignment by the inventor(s) to the applicant, must have been acquired from the inventor(s) before making the application for a patent. On the facts presented to the court, it was found that no assignment existed at the time of the application and the court revoked the patent on the grounds of not meeting the requirements of Section 27(1) of Patents Act 57 of 1978.
Update: 23 March 2026
A Supreme Court of Appeal Judgment in this matter of 17 March 2026 has confirmed that a person or entity applying for a patent must be the inventor or have already acquired the right to apply from the inventor or their successor in title before applying in South Africa for the patent (PCT application date for a National Phase or South African convention or non-convention application date) otherwise the patent is invalid from the start. The prior acquisition of the right to apply may be by way of a prior co-operation contract, a contract of employment, or by operation of law where the inventor and/or applicant is domiciled, or other similar circumstances. This prior acquisition of the right should be confirmed on the Assignment document.
