Basic Conditions of Employment Act, 1997
R 385
Patents Act, 1978 (Act No. 57 of 1978)Chapter XI : Infringement67. Presumptions in relation to new substances |
| (1) | A claim in respect of a patent for a process or an apparatus for producing any product shall be construed as extending to such product when produced by the process or apparatus claimed. |
| (2) | If the invention for which a patent is granted is a process for obtaining a new product, the same product produced by a person other than the proprietor of the patent or a licensee under that patent shall, unless the contrary is proved, be deemed, in any proceedings, to have been obtained by that process. |
| (3) | In considering whether any person has discharged the onus imposed upon him by subsection (2), the commissioner shall not require him to disclose any secret process used by him in producing the product concerned, if it appears to the commissioner that it would be unreasonable to do so. |
