Case Comment

Re May & Baker Ltd. and Ciba Ltd. .

citation(s): (1948), 65 R.P.C. 255 (High Court per Jenkins J.)

copyright 2010 Donald M. Cameron, Cameron MacKendrick LLP




The Decision

in attempting to “state the principles on which, and the limits within which, an invention consisting of the productions of new substances by known methods from known materials can be supported from the point of view of subject-matter, said:

[p. 281]:

“(ii) Such an invention may, however, be held to possess subject matter provided the substances produced are not only new but useful, though this is subject to the qualification that the substances produced must be truly new, as opposed to being merely additional members of a known series (such as homologues) and that their useful qualities must be the inventor’s own discovery as opposed to mere verification by him of previous prediction.”


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