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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:
Dr. Madelein Kleyn has more than 30 years international experience as intellectual property practitioner, patent attorney and in-house legal counsel in the petrochemical and agri industries. She is presently the Chief Legal Officer of Omnisient (Pty) Ltd a company specializing in data collaboration and anonymization . She also is the CEO and founder of Mad K IP consulting (Pty) Ltd a private company advising clients on IP matters. She is a qualified chemical engineer (BSc Chem Eng), an admitted attorney of the High Court of South Africa and a registered South African patent attorney. She holds a LLM in tax law and PhD in intellectual property law. Her technical expertise is in the area of petrochemicals, chemistry, process engineering, explosives and agriculture. Madelein’s main areas of expertise include IP Portfolio management, IP policy and strategy development and implementation. She regularly advises on corporate governance and IP risk management and specializes in drafting and advising on IP-related business transactions, including technology transfer and licensing. She has authored and presented various articles, papers and publications on IP matters internationally specifically on technology and IP licensing and commentaries on national IP related legislation. Since 2014 she is the co-editor of the textbook “International Pharmaceutical Law” and is also a co-author of the South African Chapter of this publication. She is a member of the SAIIPL (South African Institute of Intellectual Property Lawyers) and also the editor of the SAIIPL newsletter IP Briefs™. She is a member of INTA (International Trademark Association) and CCASA (Corporate Counsel Association of South Africa), ACS (American Chemical Society) and SARIMA ( Southern African Research & Innovation Management Association). She is also member of LES (License Executive Society of South Africa - past president) and a Vice President of LES International. Madelein was included in the IAM Strategy 300 – The World’s Leading IP Strategists since 2015 and featured in WTR300 World’s leading trademark professionals since 2016 and included in IAM Global leaders 2023 and 2024
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-counsel for Respondent Spray-Rite Service Corp. in the referenced matter. He currently is a Clinical Professor in the Strategy Department at Kellogg.
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.
Omnisient provides Software platform that allows for secure, compliant and transformative Data Collaboration. We help businesses unlock the power of 1st party data collaboration without the risks. 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 nearly 300 members. MSCI is a leader in executive education and thought leadership for the metals industry.
Lubin School of Business, Pace University, Pleasantville, New York.
