Nanotechnology – New Challenges for Patent Law?

Abstract

After the advent of IT and genetic engineering, patent law now faces another challenge: nanotechnology. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for patent law. Among these are: the patentability of naturally occurring products; the distinction between compound and apparatus claims; and the patentability of selection inventions. The challenges, however, can probably be overcome by consistently applying existing patent law principles. [This article was presented at the SCRIPTed 'Governance of New Technologies' conference held in Edinburgh on 29-31 March 2009.]