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Patent law differs in each country, but there are some important equitable doctrines that apply across borders. One such a doctrine is prosecution history estoppel. The term Estoppel is derived from the Middle French word estoupail and refers to the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination:
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Professor Madelein Kleyn is a South African registered patent attorney, admitted attorney, chemical engineer and Registered Technology Transfer Professional with more than 30 years’ international experience in intellectual property, commercial law and technology transactions. She is the founder and CEO of Mad K IP Consulting (Pty) Ltd and previously served as Chief Legal and IP Officer at Omnisient (Pty) Ltd, a data-collaboration technology company. Prof. Kleyn advises businesses, research institutions and start-ups on IP strategy, ownership and commercialisation, technology transfer, licensing, corporate structuring, due diligence and IP-related investment and M&A transactions. Her experience spans petrochemicals, agriculture, chemicals, data, AI-enabled technologies and life sciences. She has also led technology-transfer activities at Stellenbosch University and held senior in-house IP and legal roles at Sasol and Oro Agri International (now RovensaNext). She holds a PhD in Intellectual Property Law, an LLM in Tax Law and an LLB, and is recognised in the IAM Strategy 300 and WTR 300. She is the Vice President of LES South Africa and a past Vice President of LES International.
R. Mark McCareins is the general counsel of the Metals Service Center Institute (www.msci.org). He also is a Clinical Professor in the Strategy Department of Northwestern University’s Kellogg Graduate School of Management where he teaches antitrust and business law. He practiced competition law with Winston and Strawn LLP for over thirty years where he was co-chair of the firm's Global Competition practice.
Distinguished Professor, Pace University, New York (since 1980). author of seven books on cyberlaw, law of finance, shadow banking, blockchain and cryptocurrencies, and artificial intelligence (Palgrave Macmillan) and over 135 articles. Lectured globally.
Mad K IP Consulting (Pty) Ltd is a private IP consulting business that assists clients with IP Strategy development and assisting with commercialisation of IP. www.mad-ip.com
The Metals Service Center Institute ( www.msci.org) is the premier metals trade association in North America with over 200 members. MSCI is a leader in executive education and thought leadership for the metals industry in North America.
Lubin School of Business, Pace University, Pleasantville, New York.
