Case Comment

Martinray Industries v.
Les Fabricants National Dagendor

citation(s): (1991), 41 C.P.R. (3d) 1 (F.C.T.D.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 30:

"Obviousness, or lack of inventiveness, is a question of fact which must be determined having regard to all the circumstances of the case, bearing in mind that a mere spark of inventiveness will suffice to support the validity of a patent and that as Decary J.A. said in Tye-Sil Corporation v. Diversified Products: `inventiveness can co-exist with easiness and simplicity'".


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