ABSTRACT
This chapter introduces intellectual property (IP) issues in the nanotechnology industry. Many inventions need to bepatented and IP rights should be reserved for theconcerned entity, person,organization,or institution. Building a strategic portfolio of IP is economically important from both offensive and defensive points of view. The field of nanotechnology is emerging and very active around the globe in terms of IP rights pertaining to patents, with developing countries in this competition. This growing technology brings opportunities and challenges in adapting the patent regime. Patenting nanotechnology inventions creates several problems other than technical areas due to their cross-sectional, interdisciplinary nature and difficulties in fulfilling the patent criteria and industrial applications. Therefore, the value and strategic importance of protecting IP rights cannot be exaggerated. As a rapidly growing technological area with great promise and potential for economic, social, and technological benefit, increasing numbers of broad and potentially overlapping patents are being issued – while somenon-exclusive licenses are being offered. Furthermore, the lack of knowledge in case law provides little guidance on the proper patent scope of nanotechnology and validity, while the decline of legal defenses such as experimental use leaves innovators exposed to potential infringement liability for even the foremost elements of scientific analysis studies. The current scenario of nanotechnology patent standardization is being incorporated for developing countries where standardization of nanotechnology is under process.
