Cosmo, Cosmolino: Patent Law and Nanotechnology

INTELLECTUAL PROPERTY AND EMERGING TECHNOLOGIES: THE NEW BIOLOGY, Matthew Rimmer, Alison McLennan eds., Edward Elgar Publishing, January 2012

Posted: 27 Feb 2012

See all articles by Alison McLennan

Alison McLennan

affiliation not provided to SSRN

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: February 1, 2012

Abstract

Patent law has a significant instrumental and symbolic role in regulating nanotechnology. A 2011 report of the United States Federal Trade Commission noted that ‘the patent system plays a critical role in promoting innovation across industries from biotechnology to nanotechnology, and by entities from large corporations to independent inventors’. This chapter considers the much contested legal, ethical and social issues involved with regulating the patenting of nanotechnology. Section I considers the efforts of patent offices to classify nanotechnology and the empirical evidence about patent filing rates. Section II examines whether there is a ‘tragedy of the anticommons’ emerging in respect of nanotechnology. It contemplates access mechanisms – such as the defence of experimental use, patent pools, open innovation models and technology transfer. Section III explores ethical and social concerns associated with nanotechnology – in particular, issues about the impact upon human health and the environment.

Keywords: Patent Law, Nanotechnology, Classification, Patent Exceptions, Emerging Technologies, The New Biology

Suggested Citation

McLennan, Alison and Rimmer, Matthew, Cosmo, Cosmolino: Patent Law and Nanotechnology (February 1, 2012). INTELLECTUAL PROPERTY AND EMERGING TECHNOLOGIES: THE NEW BIOLOGY, Matthew Rimmer, Alison McLennan eds., Edward Elgar Publishing, January 2012. Available at SSRN: https://ssrn.com/abstract=1997806

Alison McLennan

affiliation not provided to SSRN

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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