Treatise On the Patent Law of the Dominion of Canada Including the Revised Pate

Cover Treatise On the Patent Law of the Dominion of Canada Including the Revised Pate
Treatise On the Patent Law of the Dominion of Canada Including the Revised Pate
John Gibbs Ridout
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And in Smith v. Goldie, 7 App. R, 628, Patterson, J. , discussing Murray v. Clayton, L. R. , 7 Chy. 570, says : " I am willing to accept the doctrine that a new process, carried on by known implements or elements acting upon known substances and producing some other known substance in a cheaper or more expeditious manner, or of a better or more useful kind, is patentable ; but the process or combination must be new. " The difficulty of this section is, that the invention of an improvement on a
...patented device may change the result and the whole mode of operation, when the improver would not be subject to the original inventor ; but one cannot conceive how the proprietor of the prior invention could legally appropriate to himself the improvement, without the consent or remuneration of the improver.
Any addition to or substraction from any known machine or process causing the old machine or process to accomplish an object in a more speedy, perfect or economical manner, is evidently the subject of a patent : Terrell on Patents, 1st ed.


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