Formea Chemicals Ltd. v. Polymer Corp. Ltd.

Formea Chemicals Ltd. v. Polymer Corp. Ltd.

Section 19 of the Patent Act gives the Government of Canada (the Crown) an unrestricted statutory right to use any patented invention and the term "use" in s.19 encompasses sale; because the respondent was for all its purposes an agent of the Crown, the respondent’s actions amounted to use by the Crown under s.19 and thus did not constitute patent infringement; appeal dismissed.

Citation
[1968] SCR 754
Parties
Plaintiff/appellant: Formea Chemicals Limited; Defendant/respondent: Polymer Corporation Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 June 1968
Procedural Posture
Patent Infringement Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (trial in Supreme Court of Ontario)
Outcome
Appeal dismissed
Legal Topics
Crown Immunity, Crown Agent Liability, Statutory Authorization to Use Patents, Interpretation of Patent Act S.19, Jurisdiction for Infringement Remedies
Source Language
English
Intellectual Property Patent Law Public Law Tort Crown Immunity Crown Agent Liability Statutory Authorization to Use Patents Interpretation of Patent Act S.19 +1 more

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Parties

Formea Chemicals Limited

Plaintiff/appellant

Polymer Corporation Limited

Defendant/respondent

Procedural Posture

Patent Infringement Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (trial in Supreme Court of Ontario)

Legal Issues

  1. 1 Whether a Crown corporation acting as agent of the Crown is covered by the Crown’s right under Patent Act s.19
  2. 2 Whether the word "use" in s.19 includes commercial sale of products made by a patented process
  3. 3 Whether the provincial court had jurisdiction to award injunctions and damages against a Crown agent for patent infringement

Ratio Decidendi

Section 19 of the Patent Act gives the Government of Canada (the Crown) an unrestricted statutory right to use any patented invention and the term "use" in s.19 encompasses sale; because the respondent was for all its purposes an agent of the Crown, the respondent’s actions amounted to use by the Crown under s.19 and thus did not constitute patent infringement; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario affirmed