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Patenting Abstract Ideas in Nanotechnology
Author(s) -
Zekos Georgios I.
Publication year - 2006
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2006.00271.x
Subject(s) - context (archaeology) , nanotechnology , legislation , cover (algebra) , engineering ethics , business , engineering , political science , materials science , law , biology , mechanical engineering , paleontology
Nanotechnology involves the manipulation of matter at the level of individual atoms and molecules. Nanotechnology attempts to go farther than natural mechanisms controlling molecular structures that are not manipulable by organic means. Patents conflict with traditional scientific norms of open sharing. The precedent established in biotechnology patents has to be adapted further to be applicable to nanotechnology patents, taking into account its unique characteristics. Recent nanotechnology patents cover improvements in existing industries. Scientists seek to patent more and more inputs of biomedical experimentation earlier in the development chain. New technology requires technology‐specific legislation if there is no possible way to interpret it according to old legislation and so courts typically place an emerging technology in an existing context by analogizing it to previous technologies. Taking into account that one is not allowed to patent solely abstract ideas, nanotechnology as a new field creates problems because patents on basic inventions are inclined to cover larger areas than the final products, with the expectation of developing them in the future into more explicit inventions.