Is a new invention patentable as a "new invention"?
Ontario, Canada
The following excerpt is from Smith v. Goldie, 1882 CanLII 14 (ON CA):
I am quite willing to accept the doctrine acted upon in Murray v. Clayton, L.R. 7 Chy. 570, and to hold that a new process carried on by known implements or elements, acting upon known substances, and ultimately producing some other known substance, but producing it in a cheaper or more expeditious manner, or of a better or more useful kind, is patentable as a new invention; but the process or the combination must be new.
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