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Patenting nanotechnology.

Mark A Lemley1

  • 1Stanford Law School; Stanford Program in Law, Science, and Technology; Keker & Van Nest LLP, USA.

Stanford Law Review
|January 7, 2006
PubMed
Summary

Universities and companies are rapidly patenting nanotechnology. Unique cross-industry patent ownership and early university involvement pose potential challenges for the nanotechnology licensing market.

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Area of Science:

  • Nanotechnology
  • Intellectual Property Law
  • Innovation Economics

Background:

  • Record numbers of patent applications for nanotechnology inventions are being filed by universities and companies.
  • The U.S. Patent and Trademark Office has created a new technology class for nanotechnology.
  • Nanotechnology's unique characteristics necessitate a closer examination of patenting strategies.

Purpose of the Study:

  • To analyze the significance of patents in the emerging field of nanotechnology.
  • To identify key differences between nanotechnology patenting and historical invention trends.
  • To assess the potential impact of patent thickets and licensing market efficiency.

Main Methods:

  • Comparative analysis of patenting trends in nanotechnology versus other technological fields.
  • Examination of the cross-industry structure of nanotechnology patent ownership.
  • Review of the role of universities as major nanotechnology patent holders.

Main Results:

  • Unlike previous technological revolutions, basic nanotechnology concepts are being patented early.
  • Nanotechnology patents exhibit a cross-industry ownership structure, potentially influencing licensing incentives.
  • Universities hold a significant number of foundational nanotechnology patents, with varied alignment to commercialization goals.

Conclusions:

  • The early and widespread patenting of foundational nanotechnology, coupled with its unique ownership structures, creates a theoretical risk of a patent thicket.
  • The practical impact of this patent thicket on innovation will largely depend on the efficiency of the nanotechnology licensing market.

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