Today on IPcopy we have a guest post from Brian Bacon Inc on a recent decision that illustrates how declarations made on the Form P3 may leave a patent open to revocation.

A relatively recent decision in the Court of the Commissioner of Patents has confirmed that a South African patent will be open to revocation if the prescribed declaration (on Form P3) was signed before rectifying any invalidity of which the applicant ought to have known. This sends a stern warning to applicants and confirms that many South African patents may be incurably open to revocation. (more…)