Canadian Patents—How Not to Get Them

Join Our Community of Science Lovers!


On supporting science journalism

If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.


We have received a printed circular, addressed to American inventors, by Alexander Anderson, of Canada, wherein ho states " that the Canadian Government provides that its subjects may make discoveries of inventions in any foreign country, where the subjects of that country are prohibited from obtaining patents in the usual way; the British subject making an improvement on it, and combiuing his improvement with the discovery, may obtain a patent. I feel confident, from my long experience in the patent business, and my inventive powers, that I can make an improvement on almost every invention taken out. I can thus obtain the patent deed and then transfer it to the inventor." This is a very astute proposition, and is well calculated to mislead inventors who are ignorant of the exact scope of the Canadian patent system, which provides'" that any person, (f 202 subject of Her Majesty, and resident in this Province, having discovered or invented any new and useful art, machine, manufacture, or composition of matter, the same not heing Tcnmon or "Used in this province by others, may petition and obtain a patent." \ Another section provides that a patent shall be held to be void " on tlie ground that the patentee, in his specification of claims, has embraced more than that of which he was t/w firstinven- \ tor or discoverer." This puts a complete extinguisher upon the proposition made by Anderson in his circular, and we consider it our duty to " American inventors," to warn them that a patent obtained through fraud so transparent as this, would not be worth the parchment The Canadian patent system is a mockery of justice, and we advise " Mr. Alexander Anderson, Inventor and Patent Agent, Dominion of Canada," to stop sending out such circulars, and to turn his brilliant talents toward securing an amendment to the law of patents, such as will protect the rights of all inventors alike.

Scientific American Magazine Vol 20 Issue 13This article was published with the title “Canadian Patents—How Not to Get Them” in Scientific American Magazine Vol. 20 No. 13 (), p. 201
doi:10.1038/scientificamerican03271869-201d

It’s Time to Stand Up for Science

If you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.

I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.

If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.

In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.

There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.

Thank you,

David M. Ewalt, Editor in Chief, Scientific American

Subscribe