How patents became documents, or dreaming of technoscientific order, 1895-1937

Abstract

Purpose The purpose of this paper is to show how the documentation movement associated with the utopian thinkers Paul Otlet and Henri La Fontaine relied on patent offices as well as the documents most closely associated with this institutional setting – the patents themselves – as central to the formation of the document category. The main argument is that patents not only were subjected to and helped construct, but also in fact engineered the development of technoscientific order during 1895–1937. Design/methodology/approach The paper draws on an interdisciplinary approach to intellectual property, document theory and insights from media archeology. Focused on the historical period 1895–1937, this study allows for an analysis that encapsulates and accounts for change in a number of comparative areas, moving from bibliography to documentation and from scientific to technoscientific order. Primary sources include Paul Otlet’s own writings, relevant contemporary sources from the French documentation movement and the Congrès Mondial de la documentation universelle in 1937. Findings By understanding patent offices and patents as main drivers behind those processes of sorting and classification that constitute technoscientific order, this explorative paper provides a new analytical framework for the study of intellectual property in relation to the history of information and documentation. It argues that the idea of the document may serve to rethink the role of the patent in technoscience, offering suggestions for new and underexplored venues of research in the nexus of several overlapping research fields, from law to information studies. Originality/value Debates over the legitimacy and rationale of intellectual property have raged for many years without signs of abating. Universities, research centers, policy makers, editors and scholars, research funders, governments, libraries and archives all have things to say on the legitimacy of the patent system, its relation to innovation and the appropriate role of intellectual property in research and science, milieus that are of central importance in the knowledge-based economy. The value of this paper lies in proposing a new way to approach patents that could show a way out of the current analytical gridlock of either/or that for many years has earmarked the “openness-enclosure” dichotomy. The combination of intellectual property scholarship and documentation theory provides important new insight into the historical networks and processes by which patents and documents have consolidated and converged during the twentieth century.