Patents in Nanobiotechnology: A Cross Jurisdictional Approach

Bionanomaterials create new opportunities for advancing medical sciences and diseases treatment in relation to human health care. Innovations in the use of such nanomaterials and nanodevices can lead to significant improvements in the use of drugs/devices.

The present study attempts to analyse patenting trends in different areas and compare the patentability criteria and the disclosure norms for nanobiotechnology inventions in countries such as US, EU and India in the field of diagnostics and therapeutics.

Nanobiotechnology patents were identified based on the search using IPC/CPC as well as keywords conducted on Relecura (a web-based patent and portfolio analysis platform). Growth of filing/ grants and by area was analysed. Comparative analysis of the patentability criteria was done to identify challenges in prosecution of nanobiotechnology applications.

US, China, followed by Europe are top patent filing countries in nanobiotechnology. Topic maps indicate medicinal preparations to be the major area of patenting. There is an increase in patenting in BRIC since 2000. The assessment of novelty, inventive step and specific disclosure norms in different jurisdictions related to nanobiotechnology inventions reveal challenges in patent prosecution.

79% of the overall nanobiotechnology patents are from the medicinal preparation area followed by a significant number in case of diagnostic and surgical applications. The upward trend in patenting indicates to the potential of inventions in the field of diagnostics. The development of objective and subjective criteria with respect to patentability indicates to elaborate patent office practice and prosecution in this area.