100+ Free PEB Patent Law & Practice Practice Questions

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2026 Statistics

Key Facts: PEB Patent Law & Practice Exam

50%

Pass Mark

PEB Examination Regulations

4 hours

Official Exam Duration

PEB Group 1 Regulations

Act 57 of 1978

Governing Statute

South Africa Patents Act

20 years

Maximum Patent Term

Section 46 Patents Act

31 months

PCT National Entry Limit

Section 43E & Reg 67A

Non-examining

CIPC Patent Registration

Formal examination only (Sec 34)

The PEB Group 1 Patent Law and Practice exam is a foundational subject for qualifying as a Patent Attorney in South Africa. The official exam is a 4-hour written paper governed by the Patent Examination Board under the Patents Act 57 of 1978 and Patent Regulations 1981. Core syllabus domains include Section 25 patentability & statutory exclusions, priority dates under Section 33, PCT national entry, amendment restrictions under Section 51, revocation grounds under Section 61, and infringement remedies under Section 65. MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance.

Sample PEB Patent Law & Practice Practice Questions

Try these sample questions to test your PEB Patent Law & Practice exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Section 25(1) of the South African Patents Act 57 of 1978, which of the following is a MANDATORY statutory requirement for an invention to be patentable?

A.The invention must be capable of being used or applied in trade, industry, or agriculture.

B.The invention must be registered with the International Bureau of WIPO prior to filing in South Africa.

C.The applicant must prove commercial profitability within two years of filing.

D.The specification must be drafted by a registered patent attorney resident in Pretoria.

Explanation: Section 25(1) of the Patents Act 57 of 1978 explicitly provides that 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, industry, or agriculture. Commercial profitability, WIPO registration, and Pretoria residence are not statutory requirements for patentability. The three core criteria under Section 25(1) are novelty, inventive step, and industrial applicability.

2According to Section 25(2)(f) read with Section 25(3) of the Patents Act 57 of 1978, a computer program is excluded from patentability under what specific condition?

A.Only to the extent that a patent or application for a patent relates to the computer program as such.

B.In all circumstances, as software is strictly unpatentable under South African law without exception.

C.Only if the computer program is written in an open-source programming language.

D.Provided the computer program has not been published in a peer-reviewed academic journal.

Explanation: Section 25(3) of the Patents Act 57 of 1978 qualifies the exclusions in Section 25(2) by stating that the provisions of Section 25(2) shall exclude the patentability of subject matter only to the extent to which a patent or application relates to that subject matter 'as such'. Therefore, a computer program claimed 'as such' is excluded, but a technical invention incorporating software that produces a technical effect beyond the computer program itself may be patentable.

3Which of the following items is EXCLUDED from patentability under Section 25(2) of the Patents Act 57 of 1978?

A.A scheme, rule, or method for performing a mental act, playing a game, or doing business

B.A new pharmaceutical compound possessing an inventive therapeutic effect

C.A novel mechanical apparatus for harvesting sugarcane

D.A synthetic chemical polymer with enhanced heat resistance

Explanation: Section 25(2)(e) of the Patents Act 57 of 1978 expressly lists a scheme, rule, or method for performing a mental act, playing a game, or doing business as subject matter that is not deemed to be an invention. Pharmaceutical compounds, mechanical apparatuses, and chemical polymers are technical products that meet the definition of statutory subject matter under Section 25(1).

4Under Section 25(11) of the Patents Act 57 of 1978, how are methods of treatment of the human or animal body by surgery or therapy dealt with regarding patentability?

A.They are deemed NOT to be capable of being used or applied in trade, industry, or agriculture.

B.They are fully patentable if performed exclusively by registered medical practitioners.

C.They are patentable provided a compulsory license is granted to the Department of Health.

D.They are patentable for animal treatment, but strictly excluded for human treatment.

Explanation: Section 25(11) provides that an invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body shall not be deemed to be capable of being used or applied in trade, industry, or agriculture. Because industrial applicability is a prerequisite under Section 25(1), treatment methods are excluded from patentability. However, Section 25(12) clarifies that products, substances, or compositions for use in such methods remain patentable.

5An inventor invents a novel medicine for treating hypertension. Can the substance or composition itself be patented under South African law despite Section 25(11)?

A.Yes, under Section 25(9), a substance or composition for use in a method of treatment referred to in Section 25(11) is patentable even if it forms part of the state of the art, provided its use in such method is new.

B.No, Section 25(11) excludes all pharmaceutical compounds used in human therapy.

C.Yes, but only if the inventor assigns the patent rights to the South African Medical Research Council.

D.No, unless the chemical compound was synthesized entirely within South Africa.

Explanation: Section 25(9) of the Patents Act 57 of 1978 (added by Act 38 of 1997) provides that an invention consisting of a substance or composition for use in a method of treatment referred to in Section 25(11) shall be patentable even if the substance or composition forms part of the state of the art, provided its use in such method does not form part of the state of the art. This allows first medical use claims for pharmaceutical substances and compositions. Section 25(12) separately deems such a product capable of industrial application merely because it is invented for use in a treatment method.

6What standard of novelty applies in South Africa under Section 25(5) and Section 25(6) of the Patents Act 57 of 1978?

A.Absolute (global) novelty: the state of the art comprises all matter made available to the public anywhere in the world by written or oral description, use, or any other way.

B.Relative (local) novelty: only disclosures made within the borders of South Africa form part of the state of the art.

C.Commercial novelty: disclosures in academic journals are ignored unless the invention has been commercialized.

D.Subjective novelty: novelty is assessed solely against the personal knowledge of the patent examiner.

Explanation: Section 25(5) and Section 25(6) of the Patents Act 57 of 1978 establish an absolute global novelty requirement. Under Section 25(6), the state of the art comprises all matter (whether a product, process, information, or otherwise) which has been made available to the public in South Africa or elsewhere by written or oral description, by use or in any other way, before the priority date of the invention.

7Under Section 25(10) of the Patents Act 57 of 1978, how does secret commercial use of an invention in South Africa affect patentability?

A.Prior secret use of an invention on a commercial scale in South Africa forms part of the state of the art and invalidates a subsequent patent.

B.Secret use has no legal effect whatsoever on patentability because it was not made public.

C.Secret use automatically extends the patent term from 20 years to 25 years.

D.Secret use grants the user an automatic compulsory licence but does not destroy novelty.

Explanation: Section 25(10) of the Patents Act 57 of 1978 provides that the state of the art shall also comprise matter which has been used secretly and on a commercial scale within South Africa. Prior secret commercial use in SA therefore forms part of the state of the art against a subsequent patent application for that invention.

8Under Section 25(9) of the Patents Act 57 of 1978, how is an 'inventive step' evaluated?

A.An invention involves an inventive step if it is NOT obvious to a person skilled in the art, having regard to any matter forming part of the state of the art.

B.An inventive step is established if the inventor spent more than R1 million on research and development.

C.An inventive step requires that the invention be completely unpredictable under the laws of physics.

D.An inventive step is present only if the invention receives unanimous approval from the PEB Board.

Explanation: Section 25(9) of the Patents Act 57 of 1978 provides that an invention shall be deemed to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art under Section 25(6). In South African case law (e.g. Moldex v Standard Bank), this involves determining the state of the art, the inventive concept, the differences, and whether those differences would have been obvious to the skilled person.

9Under Section 26(a) of the Patents Act 57 of 1978, an unauthorized disclosure of an invention will NOT destroy novelty if the application is filed within what period after the disclosure?

A.Within 6 months after the disclosure, provided the applicant learned of the disclosure and filed with all reasonable diligence.

B.Within 24 months after the disclosure, provided an affidavit is lodged with CIPC.

C.Within 12 months after the disclosure, automatically without any diligence requirement.

D.Within 30 days after the disclosure, provided full royalties are paid to CIPC.

Explanation: Section 26(a) of the Patents Act 57 of 1978 provides a grace period protecting against unauthorized disclosures. The disclosure of an invention will not destroy novelty if it was made without the knowledge or consent of the applicant and the applicant filed an application with all reasonable diligence after learning of the disclosure, within 6 months of the disclosure.

10Under Section 26(b) of the Patents Act 57 of 1978, what exception applies to public working or reading of a paper regarding an invention?

A.Working of the invention in South Africa by way of reasonable trial only, strictly necessary to technical developments, within 6 months prior to filing.

B.Any commercial sale in South Africa within 12 months prior to filing.

C.Public demonstration at any commercial trade fair anywhere in the world within 2 years prior to filing.

D.Broadcasting details of the invention on television within 18 months prior to filing.

Explanation: Section 26(b) provides that novelty is not destroyed by the working of the invention in South Africa by way of reasonable trial only, if owing to the nature of the invention it was strictly necessary to effect such working, provided it occurred within 6 months preceding the application date.

About the PEB Patent Law & Practice Exam

The South African Patent Law and Practice (Group 1) examination is administered by the Patent Examination Board (PEB) established under Section 21 of the Patents Act 57 of 1978. It tests comprehensive knowledge of South African patent law, including patentability requirements under Section 25, subject matter exclusions, novelty, inventive step, utility, complete and provisional specifications, priority claims under Section 31 and Section 33, Patent Cooperation Treaty (PCT) national phase entry under Sections 43A-43F, amendment procedures under Sections 50-52, grounds for revocation under Section 61, compulsory licensing under Section 56, and patent infringement under Sections 65-71. MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance.

Assessment

100 multiple-choice questions grounded in the Patents Act 57 of 1978 and Patent Regulations (adapted from official written paper format)

Time Limit

4 hours

Passing Score

50%

Exam Fee

~R3,000 (Patent Examination Board (PEB) / Department of Trade, Industry and Competition (dtic) / CIPC)

PEB Patent Law & Practice Exam Content Outline

20%

Patentable Inventions & Subject Matter Exclusions

Section 25 requirements for novelty, inventive step, and industrial applicability; statutory exclusions (computer programs, business methods, medical treatment methods) under Sections 25(2)-(11)

22%

Application Procedures, Priority Rights & Specifications

Entitlement to apply (Sec 27), joint applications (Sec 29), provisional and complete specifications (Sec 30, 32), priority dates (Sec 33), and Paris Convention priority (Sec 31)

15%

PCT National Phase Entry & International Applications

Patent Cooperation Treaty framework under Chapter VA (Sections 43A-43F), 31-month national entry deadline, translation requirements, and priority claims

13%

Grant, Maintenance, Restoration & Surrender

Formal examination by CIPC, grant and sealing (Sec 44), 20-year term and renewal fees (Sec 46), restoration of lapsed patents (Sec 47-48), and surrender (Sec 49)

15%

Amendments, Revocation & Compulsory Licences

Pre-grant and post-grant amendment rules (Sec 50-52), prohibition on broadening claims (Sec 51(6)-(7)), revocation grounds (Sec 61), and compulsory licensing for abuse (Sec 56)

15%

Infringement, Remedies, Offence & State Use

Direct and indirect infringement under Section 65, remedies (interdicts, damages, reasonable royalties), innocent infringer defense (Sec 66), groundless threats (Sec 70), and State acquisition/use (Sec 79)

How to Pass the PEB Patent Law & Practice Exam

What You Need to Know

Passing score: 50%
Assessment: 100 multiple-choice questions grounded in the Patents Act 57 of 1978 and Patent Regulations (adapted from official written paper format)
Time limit: 4 hours
Exam fee: ~R3,000

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

PEB Patent Law & Practice Study Tips from Top Performers

1Memorise key sections of the Patents Act 57 of 1978, especially Section 25 (patentability/exclusions), Section 33 (priority dates), Section 51 (amendments), Section 56 (compulsory licences), Section 61 (revocation), and Section 65 (infringement).

2Understand the strict application of absolute novelty under Section 25(5) and how public disclosures anywhere in the world destroy novelty prior to the priority date.

3Distinguish between pre-grant amendments (Section 51(1)) and post-grant amendments (Section 51(6)-(7)), noting that post-grant amendments cannot extend the scope of protection or add new matter.

4Master the PCT national phase entry rules under Chapter VA (Sections 43A-43F) and the 31-month timeline from the priority date.

5Study remedies for infringement under Section 65(3), noting that a patentee can claim an interdict and either damages or a reasonable royalty in lieu of damages.

Frequently Asked Questions

What is the Patent Examination Board (PEB)?

The PEB is a statutory body established under Section 21 of the South African Patents Act 57 of 1978. It oversees the qualification, examination, and standards for admission as a Patent Agent or Patent Attorney in South Africa, working in conjunction with CIPC and the Department of Trade, Industry and Competition (dtic).

What topics are examined in PEB Group 1 Patent Law and Practice?

Group 1 covers the substantive and procedural provisions of the Patents Act 57 of 1978 and Patent Regulations 1981. Key topics include patentability criteria under Section 25, statutory exclusions, priority claims, complete specifications, PCT national phase entry, patent amendments under Section 51, revocation grounds under Section 61, compulsory licensing under Section 56, and infringement actions under Section 65.

Does South Africa examine patent applications on the merits (novelty/inventive step)?

No. South Africa currently operates a non-examining (deposit) patent system. The Companies and Intellectual Property Commission (CIPC) conducts only formal examination of patent applications (Section 34). Validity challenges regarding novelty, inventive step, or utility are raised in post-grant revocation proceedings before the Court of the Commissioner of Patents under Section 61.

What is the deadline for entering the PCT national phase in South Africa?

Under Section 43E of the Patents Act and Regulation 67A of the Patent Regulations, the deadline for entering the national phase in South Africa for an international application under the PCT is 31 months from the earliest priority date.

Can a granted patent specification be amended to broaden the scope of claims?

No. Under Section 51(6) and Section 51(7) of the Patents Act 57 of 1978, no amendment of a complete specification after grant shall be allowed if the effect of the amendment would be to introduce new matter or broaden the scope of the claims as granted. An amendment introducing un-disclosed matter or broadening claim scope is invalid and grounds for revocation under Section 61(1)(g).

What court has jurisdiction over patent infringement and revocation in South Africa?

The Court of the Commissioner of Patents, established under Section 8 of the Patents Act 57 of 1978, has exclusive jurisdiction as a court of first instance for proceedings relating to patent infringement (Section 65), revocation (Section 61), and compulsory licensing (Section 56). Appeals lie to the Supreme Court of Appeal.