Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Nanotechnology Patents: Will Small-Scale Science Pose Big Challenges for Applicants and the Patent Office?

By Iona Niven Kaiser
July 06, 2004

The term “nanotechnology” generally refers to the fabrication and manipulation of materials and devices on the scale of about 1-100 nanometers, and has become one of the key technology buzzwords for 2004. The passage of the 21st Century Nanotechnology Research and Development Act, Pub. L. No. 108-153, which authorized $3.7 billion in federal funding from 2005 through 2008 for the support of nanotechnology research and development, has fueled the fervor over nanotechnology. This substantial funding came as the scientific community and industries as diverse as cosmetics, pharmaceuticals, and petrochemicals were increasingly discovering that, when reduced to nanoscale size, ordinary bits of matter often manifest radically different physical properties. See Joseph Brean, The Next Big (Little) Thing, National Post (Feb. 6, 2004).

The excitement has spread from academia and R&D labs to Wall Street, where investors are jumping at the chance to get in on the action from the outset. In fact, investors have proven so fascinated with nanotechnology that in December 2003 a company called Nanometrics saw its stock price increase by 10% in one day of heavy trading, even though Nanometrics announced no news that day and, as it turns out, does not practice nanotechnology in any commonplace sense of the term. Rather, Nanometrics makes tools that measure thin films used in semiconductors, flat-panel displays, and disk drives. So why the jump in stock price? Simply, it appears, because Nanometrics happens to trade under the ticket symbol NANO. Rachel Beck, Investors Pour Big Money Into Latest Rage, Nanotech, The Grand Rapids Press, 2004 WL 58533128 (Jan. 11, 2004).

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.