Case Comment

Samuel Parkes & Co. Ltd. v. Crocker Bros. Ltd.


citation(s): (1929) 46 R.P.C. 248 (per Tomlin J.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 248

"Nobody however has told me, and I do not suppose anybody ever will tell me, what is the precise characteristic or quality the presence of which distinguishes invention from a workshop improvement. Day is day, and night is night, but who shall tell where day ends or night beings? The user of this particular clip has been large. Over 1 millions were sold up to the end of 1927. The Railway Companies have adopted it as standard, and to that extent it has beaten its competitors out of the field. The truth is that, when once it had been found, as I find here, that the problem had waited solution for many years, and that the device is in fact novel and superior to what had gone before, and has been widely used, and used in preference to alternative devices, it is, I think, practically impossible to say that there is not present that scintilla of invention necessary to support the Patent."


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