A Discussion of Certain Deeming Provisions in the Patent Regulations and of the Registrar of Patent’s Discretion to Grant Extensions of Time

• Date: 24 May 2019
• Pages: 75-86
• Published date: 24 May 2019
• Author: Alison Dyer

A DISCUSSION OF CERTAIN

DEEMING PROVISIONS IN THE

PATENT REGULATIONS AND OF

THE REGISTRAR OF PATENT’S

DISCRETION TO GRANT

EXTENSIONS OF TIME



Consultant, Sp oor and Fisher

  

The recent judgment of the Cour t of the Commissioner of Patents in Vodacom

(Pty) Limited v The Registra r of Patents and Trustco Group Internat ional

(Pty) Limited1            

the effect of a deeming provision in the Patent Regulations 1978 (the current

regulations) made in terms of the Patents Act 57 of 1978 (the current Act)

which is not in accordance with a requirement of the current Act, and

secondly what the powers of the registrar of patents are in relation to the

granting of extensions of ti me, both in terms of the curre nt Act and the current

regulations, and for substa ntive and procedural matters, before or after the

expiry of a time lim it, in terms of s 16(2) of the current Act. The manner

in which these two questions a re answered has impor tant and far reaching

consequences for patent applicants a nd patentees, as well as for third parties

with an interest in particular patent mat ters. This ar ticle deals critically with

both these questions.

 Vodacom

The brief facts of the Vodacom case are as follows. The patentee (Trustco)

applied to restore its patent following the lapsing t hereof due to non-payment

of a renewal fee. Vodacom     

a notice of opposition. The regulations govern ing restoration applications

         

       

days after the due date, the patentee applied to the regist rar for an extension

       

  

1 Vodacom (Pty) Ltd v T he Registrar of Patents a nd Trustco Group Inter national (Pty) Ltd [2 014]

ZAGPPHC 935.

75

(2015) IPLJ 75

© Juta and Company (Pty) Ltd