Case Comment

Burt Business Forms v.
Autographic Register Systems Ltd.

citation(s): [1933] S.C.R. 230 per Rinfret, J.

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 241

"The question whether, under Canadian Patent law, the making or selling of a separate element of a combination constitutes, under given circumstances, an infringement of the invention, does not arise here. ...the invention which is claimed and which is protected, assuming the claim is valid - consists in the combination of the manifolding machine described in the relevant claims with the manifolding pad therein described. Making or selling the machine alone, without more, it not of itself infringing the combination. Making or selling the pad alone is not of itself infringing the combination (Townsend v. Haworth; Dunlop Pneumatic Tire Co. Ltd. v. David Moseley & Sons Limited) and neither does the making or selling of the pad for use with another similar machine constitute infringement of the combination (and that is to say: of the invention claimed and protected), unless indeed it be also shown that the other machine is itself an infringement of the particular machine described in the combination."


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