Smith v. Goldie

Smith v. Goldie

The patent is valid: a new combination of old parts that produces a new and useful result is patentable; the patentee (Smith) as first inventor is entitled to the patent; s.6 is to be read as requiring non-public use in Canada within the year; the Minister of Agriculture's decision under s.28 is final and precludes...

Source-derived case information.

Citation
(1883) 9 SCR 46
Parties
Appellant/plaintiff: George Thomas Smith et al.; Respondent/defendant: John Goldie et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 June 1883
Procedural Posture
Patent Infringement Appeal (intellectual Property) / Appeal to Supreme Court of Canada From Court of Appeal of Ontario
Outcome
Appeal allowed with costs; judgment for plaintiffs (appellants) and decree to be entered for account and perpetual injunction.
Legal Topics
Novelty, Combination Patents, Prior User Rights, Forfeiture of Patent, Statutory Interpretation, Ministerial Jurisdiction, Importation and Public Use, Manufacture Requirement
Source Language
english
Intellectual Property Patent Law Administrative Law Novelty Combination Patents Prior User Rights Forfeiture of Patent Statutory Interpretation +3 more

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Parties

George Thomas Smith et al.

Appellant/plaintiff

John Goldie et al.

Respondent/defendant

Procedural Posture

Patent Infringement Appeal (intellectual Property) / Appeal to Supreme Court of Canada From Court of Appeal of Ontario

Legal Issues

  1. 1 Whether a combination of old elements producing a new and useful result is patentable
  2. 2 Whether patentee must be first inventor in Canada or elsewhere
  3. 3 Whether a prior patent to a person who is not the true inventor defends against suit by the true inventor

Ratio Decidendi

The patent is valid: a new combination of old parts that produces a new and useful result is patentable; the patentee (Smith) as first inventor is entitled to the patent; s.6 is to be read as requiring non-public use in Canada within the year; the Minister of Agriculture's decision under s.28 is final and precludes collateral attack; prior users or manufacturers do not obtain a general post‑grant license under ss.7 and 48.

Court Disposition

Appeal allowed with costs; judgment for plaintiffs (appellants) and decree to be entered for account and perpetual injunction.

Orders

  • Appeal allowed with costs
  • Decree entered for plaintiffs ordering an account and a perpetual injunction restraining respondents from making, using or vending the patented machine or parts embodying the patented invention