State of the Art
Everybody knows what a "State-of-Art" is or should be ... or not?
Well, since here we have enough room for a longer digression, we may start from "what we are not talking about".
State of the art (sometimes cutting edge) refers to the highest level of general development, as of a device, technique, or scientific field achieved at a particular time. It also refers to such a level of development reached at any particular time as a result of the common methodologies employed at the time.
The term has been used since 1910, and has become both a common term in advertising and marketing, and a legally significant phrase with respect to both patent law and tort liability.
In advertising, the phrase is often used to convey that a product is made with the best possible technology, but it has been noted that "the term 'state of the art' requires little proof on the part of advertisers", as it is considered mere puffery.[1] The use of the term in patent law, by contrast, "does not connote even superiority, let alone the superlative quality the ad writers would have us ascribe to the term".[2]
Contents
1 Origin and history
2 Legal importance
2.1 Patent law
2.2 Tort liability
3 See also
4 References
5 External links
Origin and history
The origin of the concept of "state of the art" took place in the beginning of the twentieth century.[3] The earliest use of the term "state of the art" documented by the Oxford English Dictionary dates back to 1910, from an engineering manual by Henry Harrison Suplee (1856-post 1943), an engineering graduate (University of Pennsylvania, 1876), titled Gas Turbine: progress in the design and construction of turbines operated by gases of combustion. The relevant passage reads: "In the present state of the art this is all that can be done". The term, "art", itself refers to the useful arts, skills and methods relating to practical subjects such as manufacture and craftsmanship, rather than in the sense of the performing arts and the fine arts.[4]
Over time, use of the term increased in all fields where this kind of art has a significant role.[5] In this relation it has been quoted by the author that "Although eighteenth century writers did not use the term, there was indeed in existence a collection of scientific and engineering knowledge and expertise that can be identified as the state of the art for that time".[5]
Despite its actual meaning, which does not convey technology that is ahead of the industry, the phrase became so widely used in advertising that a 1985 article described it as "overused", stating that "[i]t has no punch left and actually sounds like a lie".[6] A 1994 essay listed it among "the same old tired clichés" that should be avoided in advertising
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