Patents Act, 1978 (Act No. 57 of 1978)Chapter VI : Grant, duration and effect of patents45. Effect of patent |
| (1) | The effect of a patent shall be to grant to the patentee in the Republic, subject to the provisions of this Act, for the duration of the patent, the right to exclude other persons from making, using, exercising, disposing or offering to dispose of, or importing the invention, so that he or she shall have and enjoy the whole profit and advantage accruing by reason of the invention. |
[Sub-section (1) substituted by section 40 of Act No. 38 of 1997.]
| (2) | The disposal of a patented article by or on behalf of a patentee or his licensee shall, subject to other patent rights, give the purchaser the right to use, offer to dispose of and dispose of that article. |
[Sub-section (2) substituted by section 7 of Act No. 58 of 2002.]