First ever reported Canadian patent trial
Adams v. Peel (1850), 1 L.C.R. 130 (link) was heard in Montreal, in the Superior Court of Lower Canada. The judgment was released almost 160 years ago, in 1850.
The case involved a British patent for a “Revolving Receiver Brick” machine used to make bricks. The amount of damages claimed was 250 pounds.
The rationes of the case were:
- Letters Patent for Inventions granted under Her Majesty’s privy seal in England are no force or effect in Canada.
- The Patentees in Canada have no other remedy than given by and specified in our Provincial Statute.
The case was dismissed with costs. The result was that a UK patent could not be asserted in the Province of Lower Canada (Quebec).
