Patenting Nanotechnology in Europe: Making a Good Start? An Analysis of Issues in Law and Regulation

Abstract

Nanotechnology is the technology that concerns itself with the smallest units of matter and promises manipulation of matter on the level of individual molecules. Strongly improved quality of many kinds of products will be the result. The patenting of nanotech inventions is well under way in Europe, but going down to the most elemental level raises new and important questions. It is e.g. not so clear how patenting at the nano level relates to the patenting of inventions that are im- or explicitly situated at the bigger micro- or macroscopic level? And fundamental questions can be asked: should matter at all be patentable at the most elemental level? This article seeks to give a first overview of questions of law and regulation concerning the patentability of inventions in the field of nanotechnology under the European Patent Convention.

Keywords: patent, Europe, nanotechnology, thicket

JEL Classification: K11