Concord And Conflicts Blur Science And Invention

The United States patent system, as envisioned by Benjamin Franklin and provided for in the Constitution, has a mandate to stimulate innovation and commerce to benefit society. To accomplish this, inventors obtain patents to protect intellectual-property rights by creating temporary monopolies to market inventions without competition. A major tenet that "Basic research is the source of fundamental knowledge that eventually leads to innovation, technology development, and economic growth" (Rep.

Written byFred Cowan
| 6 min read

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Patents traditionally have been perceived as the domain of industry and basic science the province of academia. Some separation of basic intellectual and commercial interest is desirable, but when science technologies mature to the point that they yield inventions of commercial interest, desegregation becomes inevitable. Over the past few decades, the boundaries between basic science and invention have blurred, prompting opposing cries of assault on basic research by crass commercialism and for more strategic science to directly benefit society. Science and invention are strongly rooted in one another and are sometimes considered synonymous, yet they represent two distinct processes. Science seeks knowledge and is largely based on formal customs and conventions, whereas the patent system strives to reward invention and is founded on law and precedent.

Applied science often incorporates basic research concepts or technologies to seek information with potential applications that are useful to society and thus have "utility." ...

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