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Patent Infringement and Defence Options for the South African Department of
Defence
In the given scenario, Dr. Williams has successfully filed a patent for a process that blends
plant or animal-derived oils with fossil fuels to create a fuel that reduces CO2 emissions.
The South African Department of Defence (DoD) is interested in using this patented
process to reduce its environmental impact and save taxpayer money. However, the
patent grants the holder exclusive rights under South African law, meaning unauthorized
use of the patented process could amount to patent infringement under the Patents Act
57 of 1978.1
1
Patents Act 57 of 1978. Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
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