Lec 27 - Nano Patents Flashcards
Is a smaller Invention Patentable?
No, on small invention patentee to demonstrate that patented invention is not considered prior art
Although the small invention has different dimensions, it may not be considered sufficiently novel
Why can inventions that incorporate
nanotechnology be patented?
maller inventions
inherently display no new, unexpected properties
However, at the nanoscale, properties may change in a
way not anticipated by trends from larger sizes
Nano patent problems
EPO, USPTO, JPO define nano classification as having important size features below 100 nm
nanotechnology is interdisciplinary
Potentially covers many different science and engineering areas
Patent landscape of nanotechnology is influenced by a number of factors
Nanotechnology not well defined from patent perspective
Nano-inventions are often multidisciplinary in scope
Patentees’ tendency to word claims in order to maximize
area of coverage
Lack of patent offices’ resources to carry out proper
examination
Consequences of having many broadly worded patents in nanotechnology
Coverage of existing patents is extensive
Resistance of patent holders in licensing patents at reasonable prices or not at all
For future development, may need to pay license fees to multiple patent holders
What are some options
Patent re-examination and impeachment
Make “building block” nanotechnology common, i.e., open source
Institute licensing schemes
Have government intervene
U.S. Bayh-Dole Act
Enabled universities, non-profit institutions, and small businesses that have received government funding for research to retain ownership of patents
Under Bayh-Dole Act (Section 203), U.S. government can compel licensing of technology developed from public funding on reasonable terms
Patent Pools
Agreement between multiple patent owners to collectively aggregate patent rights
Problem: potential anti-trust situation risk
