The syllabuses for the subjects set out in regulation 9 shall be as follows:
GROUP 1 SUBJECTS
| (a) |
Candidates will be introduced to the different forms of Intellectual Property, including trade marks, copyright, selected national and global emerging issues relevant to patent law; |
| (b) |
This subject will cover a study of the Patents Act 1978 (as amended) and regulations promulgated thereunder. The following topics, together with selected case law that demonstrates the principles applicable, will be included: |
| (i) |
Patentable inventions, novelty and obviousness; |
| (ii) |
Administrative provisions; |
| (iii) |
The patent application and grant; |
| (iv) |
Effect, duration and maintenance; |
| (v) |
Grounds for revocation and infringement |
| (vi) |
Corrections and amendments; and |
| (vii) |
General (Miscellaneous sections such as licences, assignments and secret inventions). |
| (c) |
A study of the Designs, Act of 1993 (as amended) and the regulations promulgated thereunder. Reference might be made to the Designs Act of 1967. The following topics, together with selected case law that demonstrates the principles applicable, will be included: |
| (i) |
What is a registered design?; |
| (iii) |
Effect, duration and maintenance; |
| (v) |
Application procedures; |
| (vi) |
Infringement, revocation and surrender; and |
| (vii) |
General (miscellaneous provisions such as licences and restoration). |
| (d) |
A study of selected international patent laws, systems, conventions and treaties. In studying these treaties, the emphasis will be on a comparison of material provisions of these treaties/conventions with relevant provisions of the South African Patents Act; and the extent to which they affect the activities of the SA Patent Practitioner. The following patent laws, systems, conventions and treaties will be included: |
| (i) |
the patent systems and the patent laws of foreign, regional and international jurisdictions including the United States of America (USA), United Kingdom (UK), Germany, France, Australia, Japan, Canada, the European Patent Convention, European Patent Office (EPO)/Community Patents, Organisation Africane de la Propriete Intellectuelle (OAPI), African Regional Intellectual Property Office (ARIPO), and the Patent Cooperation Treaty (PCT), in respect of alternative forms of protection available (patents and utility models), patentable subject matter, novelty requirements, applicants, filing requirements, claim format and requirements, prosecution requirements and procedures, grant, post-granted procedures such as re-examination, duration and maintenance fees; and |
| (ii) |
the Paris Convention, Patent Cooperation Treaty, European Patent Convention, General Agreement on Tariffs and Trade (GATT), 1994, on trade related aspects of intellectual property rights (TRIPs), including trade in counterfeit goods. |
GROUP 2 SUBJECTS
| (e) |
In the first paper candidates will be provided with a description of no more than two inventions and will be required to identify the inventive feature(s) of each invention and draft a first claim for each invention. In the second paper candidates will be required to draft a South African patent specification in respect of an invention described to them; |
| (f) |
Candidates will be set practical legal problems on the interpretation of patent specifications, the infringement of patents, the amendment of patents, the validity of patents, the ownership of inventions; and will be required to draft appropriate pleadings and give opinions; and |
| (g) |
Candidates will be examined on their competency to deal with questions of practice under the laws relating to patents in South Africa, for example, the granting of a patent, the revocation of patents, restoration, assignment and licensing (including compulsory licences), infringement of patents, the practice of the Court of the Commissioner of Patents, relevant High Court and Supreme Court of Appeal rules, and application of decided patent cases. |
Older Persons Act, 2006
