Michigan Technology Law Review Article 7 2021 Enabling Science Fiction Camilla A. Hrdy University of Akron School of Law Daniel H. Brean Intellectual Property Counsel, Philips Follow this and additional works at: https://repository.law.umich.edu/mtlr Part of the Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Camilla A. Hrdy & Daniel H. Brean, Enabling Science Fiction, 27 MICH. TECH. L. REV. 399 (2021). Available at: https://repository.law.umich.edu/mtlr/vol27/iss2/7 This Special Essay is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. ENABLING SCIENCE FICTION* By Camilla A. Hrdy** & Daniel H. Brean*** Abstract Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system. This Article argues that, in fact, the literary genre of science fiction has its own unique—albeit far laxer—enablement requirement.