Case Comment

Sir W. G. Armstrong, Whitworth & Co. v.

citation(s): (1925), 42 R.P.C. 543 (Lord Dunedin)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 555:

"I think when a patent for an article which has been proved practically useful is attacked on the ground of anticipation by documents which have never been utilised in practice, there must, in my judgment be shown something more than the mere nucleus of an idea which, in the light of subsequent experience, can be looked on as being the beginning of the development. It must be shown that the public have been so presented with the invention that it is out of the power of any subsequent person to claim the invention as his own."


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