citation(s): (1943) 60 R.P.C. 1 (per Morton, J.)
copyright 1997 Donald M. Cameron, Aird & Berlis
At p. 4
"In my view a method or process is a manner of manufacture if it
(a) results in the production of some vendible product or
(b) improves or restores to its former condition a vendible product or
(c) has the effect of preserving from deterioration some vendible product to which it is applied.
In saying this I am not attempting to cover every case which may arise by a hard and fast rule. At the moment I cannot think of any method or process which does not come within (a), (b) or (c) and yet is a manner of manufacture. Nor can I think, at the moment, of any method or process which does come within (a), (b) or (c) and yet is not a manner of manufacture. I do not intend, however, to rule out the possibility that such methods or processes may be brought to my attention hereafter. Nor do I intend to rule out the possibility that I may hereafter be convinced by argument that the rule which I have just expressed ought to be modified."
Cameron's IT Law: Home Page; Index
Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index
JurisDiction Home Page