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ARTICLE · 30 APRIL 2001

Patentability Of Business Methods

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South AfricaIntellectual Property
Esme Du Plessis
Esme Du Plessis
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The debate regarding the patentability of business methods and computer programs has been sparked in South Africa, as elsewhere in the world.

According to the South African Patents Act (Act no 57 of 1978) a patent may be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade or industry or agriculture (section 25(1)). However, anything which consists of, inter alia, a scheme, rule or method of doing business, or a program for a computer shall not be regarded as an invention for purposes of the Act (section 25(2)).

This position is in line with the European Patent Convention (article 52), and the UK Patents Act, 1977 (section 1). This is not surprising, since the South African Patents Act, 1978 was framed to accord, at least as far as the definitions of invention, novelty and obviousness and the approach to patentability in general are concerned, with the European Patent Convention and UK patent legislation.

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