Case Comment

Pirrie v.
York Street Flax Spinning Co.

citation(s): (1894), 11 R.P.C. 429

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 445:

"... there is authority for saying that a new and useful, and actually working, patent of practical value is not invalidated by the mere fact that there is some old specification in the Patent Office that never was of any real use.

There should be no sympathy with a systematic attempt to deprive the meritorious inventor of a useful instrument of the fruits of his discovery, by something like it from the `limbo of forgotten things' and it seems to be now a profession to grub up still-born patents, in order to rob living inventors of the fruits of their ingenuity."


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