Chapter 2:

What is an Invention?

 

copyright 1996, 1997, 1998 Donald M. Cameron, Aird & Berlis

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"I don’t think necessity is the mother of invention - invention, in my opinion, arises directly from idleness, possibly also from laziness. To save myself trouble."

Agatha Christie, An Autobiography [1977] quoted in David W. Anderson, New Perth Agritech Inc. v. Les Machineries Yvon Beaudoin Inc. (1994), 58 C.P.R. (3d) 449 per Tremblay-Lamer J.

The Patent Act defines an "invention" as "… any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter." (Patent Act, R.S.C. 1985, c. P-4, s. 2.)

The Patent Act also says what cannot be patented: "No patent shall issue for any mere scientific principle or abstract theorem." (Patent Act, R.S.C. 1985, c. P-4, s. 27(3).)

There are three prerequisites to patentability:

  1. Novelty
  2. Utility, and
  3. Ingenuity.

In addition, there must be present:

  1. a concept and
  2. an implementation: a way of putting the concept into practical form.

 

 

 

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