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Touro Law Review

Touro Law Review

Authors

Andrew Chin

Abstract

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system that prioritizes concrete, inclusive innovation (“real stuff”) over abstract financial instruments. By analyzing doctrines like non-obviousness and enablement through a neurodiversity framework, the work posits that patent law’s legal fictions inadvertently reflect autistic cognitive patterns, making it a critical social mechanism for integrating neurodivergent thinkers into America’s legacy of practical problem-solving. Ultimately, this article argues that fully recognizing neurodivergent inventors like Temple Grandin requires rethinking patent law doctrines to consciously embrace neurodiversity—not merely as an incidental source of inventive talent but as a fundamental, valuable perspective deserving respect and integration into our broader legal and social infrastructure.

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