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Legal Commentary
: LawPunditNanotechnology Growth and Nanotech Patents
By Andis Kaulins
"The time for nanotechnology has come and a classic technological revolution is unfolding. According to the National Science Foundation, by 2015 the annual global market for nano-related goods and services will top $1 trillion, making it one of the fastest growing industries in history. If these figures prove to be accurate, nanotechnology will become a larger economic force than the combined telecommunications and information technology industries at the beginning of the technology boom of the late 1990s." Read more here.
An interesting introduction to the legal challenges created by nanotechnology in patents is found in the book, Nanotechnology Patents: A Legal Insight, by C. Sri Krishna, ICFAI University Press, ISBN 8131413357, 2008 edition.
Nanotechnology Now wrote about the book on May 9, 2009 - here is the abstract:
"Abstract:Nanotechnology is an evolving branch of science. It is a powerful technology of the current era with wide range of industrial applications and reconstructing of nature at molecular level. It is concerned with the objects that range between 1 to 100 nanometers. A nanometer is a one billionth part of a meter (1x10e-9). Nanotech products are outcome of nano-techniques and include nano-particles production, nanofabrication and nanobiotechnology. These products have wide applications in various science and technological areas. Investments in the field of nanotechnology research and developmental activities are constantly increasing. Many countries have allocated huge amounts, in private and public sectors, to these programmes to boost its activities further. The increase in number of nano-patents have posed several legal issues particularly pertaining to the patenting activities, claims, anticommons, thickets, land grab, doctrine of inherency, doctrine of claim differentiation etc. This book contains articles that explore various aspects of nanotechnology, patenting of nanotech inventions and economic, ethical and societal perspectives of the nanotech patents."
Amicus Books has a long review of the book here.
In Nanotechnology Law & Business (produced by the Berkeley Electronic Press -bepress), Volume 1, Issue 1 2004 Article 4, Vivek Koppikar, Stephen B. Maebiusy and J. Steven Ruttz write about Current Trends in Nanotech Patents: A View From Inside the Patent Office. Here is the abstract:
"ABSTRACT Patents are critical to commercialization of nanotechnology. With large numbers of patents being filed, investors, lawyers, and managers must understand legal issues involving nanotech patents and carefully monitor patent issuances, licenses, and litigation. In this article, PTO examiner Vivek Koppikar and patent attorneys Stephen Maebius and Steve Rutt discuss trends in nanotechnology patents. They first survey the patent landscape and demonstrate that large numbers of nanotech patents are being filed in different areas of nanotechnology. They then discuss what the PTO is doing to prepare for the continued increase in applications. Finally, they analyze obstacles that applicants might face in filing nanotech patents. Specifically, the doctrines of inherent anticipation, obviousness, and enablement might be used by examiners to reject or require amendment of claims.
Full post as published by LawPundit on May 12, 2009 (boomark / email).
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