by Dennis Crouch
Sean O’Connor has released a draft version of his new article titled The Lost ‘Art’ of the Patent System. O’Connor builds on his earlier UChicago Article on the meaning of Discovery, now focusing on the term useful arts.
I contend that the shift from ‘‘art’’ to ‘‘technology’’(and, even worse, ‘‘science’’) loses sight of critical parts of a well functioning patent system and blurs boundaries than can result in both a temptation for problematic ‘‘upstream’’ patenting of basic science research results and an improper bias against ‘‘nonscientific’’ artisanal innovation. Instead, I argue for a system that focuses once again on advances in the ‘‘useful arts.”