Lexpert Magazine

64 LEXPERT MAGAZINE | JANUARY/FEBRUARY 2017 TECHNOLOGY | COLUMNS | George Takach is a senior partner at McCarthy Tétrault LLP and the author of Computer Law. INVENTORS MATTER While our universities, corporations and other organizations play an important role in our innovation strategies and tactics, in- dividual inventors and entrepreneurs mat- ter even more. Consider the prolific tech- nological output of Reginald Fessenden (1866-1932). Born in Canada, he received his education at Bishop's College School in Lennoxville, Québec. In his day the tech- nology for telephony, radio, television and related products was undergoing rapid and profound transformation, and Fassenden was in the middle of it all. e final tally of patents filed in Fes- senden's name (solely or with collabo- rators) numbered about 500. And talk about wide-ranging, eclectic interests; these patents covered an incredibly di- verse potpourri of products such as radio, sonar, television, oscillators, incandes- cent lamps and wireless telegraphy. Over the next 150 years, Canada must produce — or attract from abroad — hundreds, and indeed thousands, of future Fessen- dens. If we want to maintain a world-class economy and a comfortable life style, in- novation must become second nature to many more Canadians. FOOD FOR THOUGHT ... AND INNOVATION It is key for Canadians to understand, as we embark on our 150th year of nationhood, that innovation is not restricted to techni- cal products or processes alone. Certainly the technology sector has a huge role to play. For example, Sweden and the UK already earn 33 per cent and 24 per cent, respec- tively, of their GDP from e-commerce and all other e-oriented activities, while Canada sits at a paltry 10 per cent. We would do a world of good for our country if we could raise our e-economic growth percentage to the British level, let alone the Swedish. e innovation game, however, will not be played solely on the tech field. Frankly, what the last 150 years has shown us is that innovation can and should be every- one's business. Consider peanut butter. One hundred and fiy years ago there was peanut flour, which was produced by a basic milling pro- cess much like that for wheat flour. en, in 1884, Canadian inventor Marcellus Gilm- ore Edson discovered that if the surface of the peanut-milling blades was heated they would grind peanuts into a paste with a consistency not unlike that of butter (and hence the term "peanut butter"). en, in another stroke of genius, Ed- more added icing sugar to the peanut paste. And voila, he now had a creamy food product that he could serve to people who couldn't chew very well, or at all. As a phar- macist (in those days called a chemist), this was Edson's goal all along. As for constant innovation, we see that phenomenon play out in the peanut butter sphere par excellence. If you visit peanutbutterlovers.com you will find an American-skewed chart of peanut butter inventions and breakthroughs. It starts in 1890 (aer Edson, the Canadian, files his important patent) with Kellogg patenting a process for making peanut butter from steamed peanuts (oh, will innovation never cease!). Later, another key milestone is the introduction of the first crunchy-style pea- nut butter under the Skippy brand. Later still, in 1955, the predecessor of the Jiffy brand, Jif, is brought to market. All that in- novation, all for the glory of peanut butter. CANADA DRY — FOR A DRY U.S. Examples of innovation in agri-food abound in Canada, and have so for a long time. Aer the American revolution, John McIntosh comes to southeastern Ontario from New York state as a United Empire Loyalist. He is a farmer, and one day dis- covers a new strain of apple in one of his fields — and so begins the glorious history of the McIntosh apple. In the early 1930s, physicians at Toron- to's Hospital for Sick Children invented Pablum, a so cereal for very young chil- dren. It was developed as a means by which to get vitamin D into children's diets, and was a great success. For 25 years the hospi- tal earned a royalty from sales: money that was ploughed back into medical research and yet more innovation. en there is the role of luck and for- tuitous timing in innovation. In 1890, John McLaughlin created a variation on ginger ale that was less sweet than its com- petitors and calls it Canada Dry ("dry" denoting less sugar content). (Incidentally, the innovation gene oen is hereditary; John McLaughlin was the son of Robert McLaughlin, the founder of the McLaugh- lin Motor Car firm of Oshawa, a predeces- sor of General Motors.) Canada Dry was simply one of a number of ginger ale alternatives. Later, when pro- hibition came to America, sales of Canada Dry skyrocketed there. Why? Well, given its lower sugar content, when used as a mixer it was more effective at masking the taste of homemade liquor. Such is the role of luck in innovation, though we should all remember, as we begin our country's 150th year, the old saying, "I am a great believer in luck, and I find the harder I work the more I have of it." So good luck, Canada, on your next 150 years! Next month I'll look at fields of technol- ogy in which innovation is likely to be most enthralling over the next few decades. CANADA DRY was simply one of a number of ginger ale alternaties. Later, when prohibition came to America, sales of Canada Dry skyrocketed there. Why? Well, given its lower sugar content, when used as a mixer it was more effective at masking the taste of homemade liquor

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