PEB Practical Patent Problems Practice Questions - Patent Examination Board - Practical Legal Problems with Regard to Patents (Group 2) Exam - PEB Practical Patent Problems Practice Questions - Patent Examination Board - Practical Legal Problems with Regard to Patents (Group 2) Exam

Question 1

Under South African patent law, how should patent claims be interpreted according to the locus classicus Gentiruco AG v Marks & Spencer Ltd?

Claims must be interpreted in light of the specification, but words must be given their plain, ordinary meaning unless the specification defines them differently. Claims should be interpreted exclusively by reference to extrinsic evidence and expert witness testimony regarding technical intent. Claims must always be construed broadly to give the patentee the widest possible monopoly regardless of clear limiting language. Claims are interpreted by referring to the prosecution history file wrapper maintained at the Patent Office.

Correct Answer:

Claims must be interpreted in light of the specification, but words must be given their plain, ordinary meaning unless the specification defines them differently.

Question 2

In applying the doctrine of purposive construction (Catnic / Aktiebolaget Hässle v Mylan) under South African law, when will a minor variant escape infringement?

When the variant falls outside an integer that a person skilled in the art would understand was intended by the patentee to be an essential integer. Whenever the alleged infringer proves that their commercial embodiment is superior to the patented invention. Whenever the variant achieves a slightly different color or aesthetic appearance regardless of technical function. Only when the variant was patented by the defendant prior to the plaintiff's priority date.

Correct Answer:

When the variant falls outside an integer that a person skilled in the art would understand was intended by the patentee to be an essential integer.

Question 3

Which of the following acts constitutes direct patent infringement under Section 45(1) of the Patents Act 57 of 1978 in respect of a product patent?

Making, using, exercising, offering for sale, disposing of, or importing the patented product in South Africa without authorization. Publishing a academic critique evaluating the scientific principles behind the patented product. Filing a patent application in a foreign jurisdiction for a related invention. Purchasing an authorized patented product from the patentee's exclusive licensee in South Africa.

Correct Answer:

Making, using, exercising, offering for sale, disposing of, or importing the patented product in South Africa without authorization.

Question 4

What is the legal position regarding indirect or contributory infringement under South African patent law?

There is no statutory provision for contributory infringement, but liability can arise under common law delict for aiding or procuring direct infringement. Contributory infringement is automatically strict liability under Section 45(3) whenever unpatented spare parts are sold. Selling standard off-the-shelf staples of commerce is per se criminal patent infringement under Section 70. Indirect infringement is governed exclusively by the Competition Act 89 of 1998 rather than the Patents Act or common law.

Correct Answer:

There is no statutory provision for contributory infringement, but liability can arise under common law delict for aiding or procuring direct infringement.

Question 5

Under Section 69A of the Patents Act 57 of 1978 (the 'Bolar' provision), which action is protected from being an infringement?

Making, using, or testing a patented invention solely for obtaining regulatory approval for a pharmaceutical product. Stockpiling patented medicines for commercial sale three years prior to patent expiry. Selling patented medical devices to commercial private hospitals for profit during the patent term. Exporting patented active ingredients to foreign markets for immediate commercial distribution.

Correct Answer:

Making, using, or testing a patented invention solely for obtaining regulatory approval for a pharmaceutical product.

Question 1

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Prepare with the PEB Practical Patent Problems Practice Questions - Patent Examination Board - Practical Legal Problems with Regard to Patents (Group 2) Exam practice quiz. This question bank includes 100 questions covering section, patent, south, patents, and african. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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PEB Practical Patent Problems Practice Questions - Patent Examination Board - Practical Legal Problems with Regard to Patents (Group 2) Exam

This practice set contains 100 questions from the matching question bank and focuses on section, patent, south, patents, and african. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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PEB Practical Patent Problems Practice Questions - Patent Examination Board - Practical Legal Problems with Regard to Patents (Group 2) Exam

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