Useful arts
Encyclopedia
Useful arts are concerned with the skills and methods of practical subjects such as manufacture and craftsmanship. The word has now gone out of fashion, but it was used during the Victorian era
and earlier as an antonym to the performing arts
and the fine arts.
The term "useful Arts" is used in the United States Constitution
, Article One, Section 8, Clause 8 which is the basis of United States patent
and copyright
law:
In the clause, the phrase "useful Arts" is meant to reference inventions, while "Science" is meant to reference human knowledge, including that which is encompassed in literature and the "fine arts".
In his dissenting opinion in In re Bilski
, Judge Mayer
criticized the majority for not addressing the preliminary issue of whether the claimed invention was within the useful arts. In Mayer's view this should have been dispositive, because he considered the claimed business method not to be within the useful arts. In the same case, Judge Dyk filed a concurring opinion to similar effect.
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
and earlier as an antonym to the performing arts
Performing arts
The performing arts are those forms art which differ from the plastic arts insofar as the former uses the artist's own body, face, and presence as a medium, and the latter uses materials such as clay, metal or paint which can be molded or transformed to create some physical art object...
and the fine arts.
The term "useful Arts" is used in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Article One, Section 8, Clause 8 which is the basis of United States patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
and copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;…"
In the clause, the phrase "useful Arts" is meant to reference inventions, while "Science" is meant to reference human knowledge, including that which is encompassed in literature and the "fine arts".
In his dissenting opinion in In re Bilski
In re Bilski
In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 , was an en banc decision of the United States Court of Appeals for the Federal Circuit on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of...
, Judge Mayer
Haldane Robert Mayer
Haldane Robert Mayer is a judge of the United States Court of Appeals for the Federal Circuit.Judge Mayer was appointed to the United States Military Academy by Representative William E. Miller, and received a B.S. in 1963. Judge Mayer served in the U.S. Army from 1963 to 1975...
criticized the majority for not addressing the preliminary issue of whether the claimed invention was within the useful arts. In Mayer's view this should have been dispositive, because he considered the claimed business method not to be within the useful arts. In the same case, Judge Dyk filed a concurring opinion to similar effect.