Lightning Fastener Co. Ltd. v. Colonial Fastener Co. Ltd et al.

Lightning Fastener Co. Ltd. v. Colonial Fastener Co. Ltd et al.

The claimed slider was a mere combination of known elements that, in light of prior art, required only mechanical skill and no inventive step; therefore the patent is invalid and the appeal fails.

Citation
[1933] SCR 371
Parties
Appellant (plaintiff): Lightning Fastener Company, Limited; Respondent (defendant): Colonial Fastener Company, Limited; Respondent (defendant): G. E. Prentice Manufacturing Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 April 1933
Procedural Posture
Patent Infringement / Intellectual Property / Appeal to Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal dismissed with costs; judgment of the Exchequer Court of Canada affirmed
Legal Topics
Patent Validity, Inventive Step, Combination Patents, Infringement
Source Language
English
Intellectual Property Patent Law Patent Validity Inventive Step Combination Patents Infringement

Case Brief

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Parties

Lightning Fastener Company, Limited

Appellant (plaintiff)

Colonial Fastener Company, Limited

Respondent (defendant)

G. E. Prentice Manufacturing Company

Respondent (defendant)

Procedural Posture

Patent Infringement / Intellectual Property / Appeal to Supreme Court of Canada From the Exchequer Court of Canada

Legal Issues

  1. 1 Whether a new combination of old elements constitutes a patentable invention
  2. 2 Whether the claimed slider involved an inventive step beyond mechanical skill
  3. 3 Whether the patent is invalid for lack of inventive faculty given prior art

Ratio Decidendi

The claimed slider was a mere combination of known elements that, in light of prior art, required only mechanical skill and no inventive step; therefore the patent is invalid and the appeal fails.

Court Disposition

Appeal dismissed with costs; judgment of the Exchequer Court of Canada affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Exchequer Court of Canada affirmed