Case Comment

Mullard Radio Valve Co. Ltd. v.
Philco Radio & Television Corp.

citation(s): (1935), 52 R.P.C. 261 (per Maugham L.J.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 274:

"The mere idea of getting rid of a nuisance by removing it possesses no patentable subject matter. It is the most obvious thing to do. The only difficulty in most cases is to find out how to do it. I think, therefore, that the words in question must have been intended to define the means that the Patentee has discovered for remedying the particular nuisance to which he refers, and that his invention really consists in the discovery of the means that he proceeds thereafter to describe."

At p. 287:

"The meaning [of "useful"] is - useful for the purposes indicated by the patentee, whether or not commercial utility is involved. It is sufficient if the invention in the hands of a competent person does what it purports to do..."


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