Title: | Section 69A of the Patents Act No. 57 of 1978 (as last amended by Act No. 58 of 2002) |
Field of IP: | Patents |
Type of flexibility: | Regulatory review exception |
Summary table: |
69A. Acts of non-infringement.
(1) It shall not be an act of infringement of a patent to make, use, exercise, offer to dispose of, dispose of or import the patented invention on a non-commercial scale and solely for the purposes reasonably related to the obtaining, development and submission of information required under any law that regulates the manufacture, production, distribution, use or sale of any product.
(2) It shall not be permitted to possess the patented invention made, used, imported or acquired in terms of subsection (1) for any purpose other than for the obtaining, development or submission of information as contemplated in that subsection.
[S. 69A inserted by s. 16 of Act No. 58 of 2002.]