<P> 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 . </P> <P> 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 . 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". </P> <P> The origin of the concept of "state of the art" took place in the beginning of the twentieth century . 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 . </P> <P> Over time, use of the term increased in all fields where this kind of art has a significant role . 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". </P>

Where did the term state of the art come from