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NER: Societal and Legal Issues Raised by Nano Patents
Major projects in nanoscience and nanotechnology are taking
place in universities, government laboratories, and private
companies. (1) Currently, more than 130 products on the market
use nanotechnology. The United States Congress, while encouraging
scientific research in this field, has also stressed the importance
of research on the societal implications of nanoscience and
nanotechnology. (2) Accordingly, a federal law "authorizes
appropriations for nanoscience, nanoengineering, and nanotechnology
research, and for other purposes." The law additionally
provides that "the activities of the Program shall include
-- ensuring that ethical, legal, environmental, and other appropriate
societal concerns . . . are considered during the development
of nanotechnology." (3)
The possibility of obtaining patent rights provides an incentive
for academic researchers, government researchers, and companies
for innovation in nanotechnology, just as pharmaceuticals have
been developed because of a similar incentive. With funding
from the NSF, members of ISLAT will explore the issues that
nanotechnology raises for the U.S. Patent and Trademark Office
(USPTO) and its international counterparts. Just as there may
be problems in the scientific development of a technology, there
may be problems in the legal system's response to that technology.
Some of those problems are analogous to those encountered by
any new technology for which patent protection is sought. Other
problems, however, are unique because of the extraordinary characteristics
of nanotechnology. The purpose of this project is to identify
existing problems with the patent system's response to nanotechnology,
predict future problems, and offer policy solutions.
1. 21st Century Nanotechnology
Research and Development Act, 15 USC § 7501(b)(10)(2004).
2. Service, Robert F., "Nanotechnology Grows Up,"
304 Science 1732-1734, 1733 (2004), available at http://www.sciencemag.org.
3. 21st Century Nanotechnology Research and Development Act,
15 USC § 7501(b)(10)(2004); Roco, Mihail C. and Bainbridge,
William Sims, National Science Foundation, Societal Implications
of Nanoscience and Nanotechnology (March 2001).
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