Decentering the Patent: Opportunities to Reframe American Innovation Rhetorics

Rhetoricians have long critiqued gendered (Gurak; Koerber) and racial (Banks; Haas) biases in rhetorics of science and technology. However, we have yet to fully consider how the patent, as a genre, perpetuates these biases both in the constraints it places on contemporary definitions of invention and innovation and in how it distorts historical narratives about who invented in the past. Delineating the patent's limitations as an index of inventive activity, this article advocates for more expansive understandings of invention. It argues that American patents have, since the nineteenth century, affirmed a dominant "rhetoric of innovation" that has since functioned as much as a marker of privilege as it has an index of inventiveness. Using the example of early twentieth-century Black hair culture, this article suggests other ways of recovering historical inventiveness among groups of Americans possessing their own, alternative "rhetorics of innovation" that reflect their culturally situated strategies for empowerment.