Taking Nano Seriously
February 1, 2007
One of the biggest challenges facing public policy is whether issues raised by nanoscale research and development are really something new, or just same old but a bit smaller. The level of hype that has pumped up the nano balloon has not helped, and on balance may have contributed to the general view of regulators that current regimes may need tweaking but not much more. Even with a substantial discount on the claims and visions that have been flying (from reputable sources, such as the National Science Foundation, not least) it’s hard to conclude that this make sense. Transformative technologies, in the nature of the case, transform, and required proportionate transformation in the way they are handled – and their implications assessed. This has not yet happened with nano, and that small fact may one day prove to have been scandalously short-sighted.
One key area lies in patent law, where experts keep telling us there will be unique problems – and where in all emerging technology areas (not least patents on genes, human and other) old approaches taken to new issues have not proved wise.
A recent legal paper identifies key patents claiming compositions of matter, methods of production, and products incorporating nanotubes. The authors summarize potential patent invalidity arguments that may be raised against certain patents in the field and explain how the patent landscape impacts the commercialization of nanotube-based products. A proposed “Nanotube Patent Forum” could be a means for industry to facilitate cost-effective licensing transactions between patent holders and manufacturers.
“The commercial potential of carbon nanotubes is vast, but the corresponding patent landscape is daunting” Drew Harris, a lawyer and Managing Editor of Nanotechnology Law & Business, told Nanowerk. “Firms seeking to manufacture nanotube-based products now face a dense thicket of patents and patent applications held by different universities, government labs, and companies. When products incorporating nanotubes begin to come to market in the near future, complicated and untested patent issues will confront lawyers and executives.
—Nanoweek
