Christiani and Nielsen v. Rice

Christiani and Nielsen v. Rice

Bayer had, before Rice's convention date, reduced the invention to a definite and practical shape, communicated it to others and produced porous cement; such prior knowledge and use by others (even if not public) anticipates Rice's patent under s.7; a pending foreign application is not a "printed publication" under s.7; accordingly Rice's Canadian patent (No. 252,546) is invalid and must be cancelled; burden of proof for non-public anticipation is weighty and requires close scrutiny.

Citation
[1930] SCR 443
Parties
Plaintiff/appellant: Frits Ricdolf Christiani and Aaze Nielsen trading as Christiani & Nielsen; Defendant/respondent: John A. Rice
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 May 1930
Procedural Posture
Patent Appeal / On Appeal to the Supreme Court of Canada; Final Judgment
Outcome
Appeal allowed; judgment of Exchequer Court reversed; Letters Patent No. 252,546 declared invalid and cancelled
Legal Topics
Novelty, Anticipation, Priority of Invention, Convention Filing, Printed Publication, Secrecy of Patent Applications, Patent Pro Tanto, Patent Office Rules
Source Language
English
Intellectual Property Patent Law Novelty Anticipation Priority of Invention Convention Filing Printed Publication Secrecy of Patent Applications +2 more

Case Brief

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Parties

Frits Ricdolf Christiani and Aaze Nielsen trading as Christiani & Nielsen

Plaintiff/appellant

John A. Rice

Defendant/respondent

Procedural Posture

Patent Appeal / On Appeal to the Supreme Court of Canada; Final Judgment

Legal Issues

  1. 1 Whether Rice was the first inventor in law or anticipated by Bayer
  2. 2 Whether a pending foreign patent application constitutes a "printed publication" under s.7
  3. 3 Whether prior secret knowledge or use by another inventor defeats novelty under s.7

Ratio Decidendi

Bayer had, before Rice's convention date, reduced the invention to a definite and practical shape, communicated it to others and produced porous cement; such prior knowledge and use by others (even if not public) anticipates Rice's patent under s.7; a pending foreign application is not a "printed publication" under s.7; accordingly Rice's Canadian patent (No. 252,546) is invalid and must be cancelled; burden of proof for non-public anticipation is weighty and requires close scrutiny.

Court Disposition

Appeal allowed; judgment of Exchequer Court reversed; Letters Patent No. 252,546 declared invalid and cancelled

Orders

  • Letters Patent number 252,546 declared invalid and adjudged cancelled
  • Appeal allowed with costs here and in the Exchequer Court