Durable Electric Appliance Co., Ltd. v. Renfrew Electric Products, Ltd.

The appeal is dismissed because the patent and industrial design lack novelty and inventive ingenuity; the combination of known elements was obvious to a competent mechanic and therefore not patentable.

Citation: [1928] SCR 8
Parties: Appellant / Plaintiff: Durable Electric Appliance Co., Ltd.; Respondent / Defendant: Renfrew Electric Products, Ltd.; Respondent / Defendant: Superior Electrics, Ltd.
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 9 June 1927
Procedural Posture: Patent Infringement Appeal — Patent and Industrial Design Validity / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome: Appeal dismissed
Legal Topics: Invalidity, Novelty, Inventive Step, Obviousness, Combination Patents
Source Language: English

Intellectual Property Patent Law Industrial Design Invalidity Novelty Inventive Step Obviousness Combination Patents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Durable Electric Appliance Co., Ltd.

Appellant / Plaintiff

Renfrew Electric Products, Ltd.

Respondent / Defendant

Superior Electrics, Ltd.

Respondent / Defendant

Procedural Posture

Patent Infringement Appeal — Patent and Industrial Design Validity / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

1 Whether the patent and industrial design were invalid for lack of novelty
2 Whether a combination of known elements that would be obvious to a competent mechanic can be patented
3 Whether the actions for infringement should be dismissed given invalidity

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs
Patent and industrial design held invalid and actions for infringement dismissed