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Patent filing rights judgment – who gets to file?

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In March 2026, the South African Supreme Court of Appeal (SCA) handed down a significant decision in The Regents of the University of California & Others vs Eurolab (Pty) Ltd & Others. The case turned on a deceptively simple question: who is legally entitled to apply for a patent under South African law?

Seeking support from the Piller

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Anton Piller orders are used to ensure that crucial evidence is preserved so that it can be used in judicial proceedings. Anton Piller orders are obtained without notice to the respondent (i.e. ex parte) due to the risk that such evidence will either be concealed or destroyed. As such, the Anton Piller is considered to be an extraordinary remedy.

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