Patent quality and patent system in South Africa and selected foreign jurisdictions

Abstract

Various jurisdictions have introduced measures to ensure that exclusive rights are granted to patentees whose patents are of a high-quality and meets the theoretical justification for patent protection. This dissertation sought to determine what are the parameters and/or components of a quality patent. Thereafter, this dissertation evaluated South Africa's patent system to determine whether it grants patents that meet those parameters and/or components of patent quality. Finally, this dissertation looked at foreign jurisdictions to determine whether there were any lessons to be learned, and whether South Africa could find ways of improving its patent system to ensure the grant of higher quality patents.