If protection was granted for contract clauses, firstly it would be far easier to search for existing clauses that were protected, and secondly, it would be far easier to draft around a protected clause.
Also, in the patenting process in the first place, it would be far easier to provide examples of prior art therefore making any attempt to patent clauses far harder.
Finally, advancements in contract drafting take place at a much slower pace than technological advancements in other areas, again, suggesting to me that many supposedly novel clauses would be obvious in light of prior art.
Still, an interesting idea to think about all the same.
Yes, it would be nice to work in a world where everything was standardised and obviously there are attempts in certain areas to standardise documentation to allow quicker negotiations and deal flow (ISDA documentation for example).
However, there will always be contracts which demand a greater degree of specificity due to the unusual surrounding circumstances, and certain resulting clauses could be considered to be novel.
Of course, if no one drafted novel clauses, there wouldn't be any work for the litigation lawyers when there's a disagreement over the clause's ambiguity!
Also, in the patenting process in the first place, it would be far easier to provide examples of prior art therefore making any attempt to patent clauses far harder.
Finally, advancements in contract drafting take place at a much slower pace than technological advancements in other areas, again, suggesting to me that many supposedly novel clauses would be obvious in light of prior art.
Still, an interesting idea to think about all the same.