Nanotechnology Intellectual Property Rights : Research, Design, and Commercialization book cover
1st Edition

Nanotechnology Intellectual Property Rights
Research, Design, and Commercialization

ISBN 9781439855287
Published June 25, 2012 by CRC Press
290 Pages 83 B/W Illustrations

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Book Description

"We need to seamlessly integrate IPR in the standard graduate/post graduate courses in science, technology, commerce, creative arts, etc., without over burdening the students with law"
—Dr Prabuddha Ganguli, CEO, VISION-IPR

Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization
offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech.

Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR process

Designed for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies.

The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements.

Integrating use of the IPRinternalise® model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.

Table of Contents

How Big Is Small?

Evolving Patents Landscape in Nanotechnology

Trends in the United States


Patents: A Background

Patentable Subject Matter

Novelty (New)

Inventive Step (Nonobviousness)

Capable (Susceptible) of Industrial Application (Utility)

Anatomy of a Patent

Patenting Systems: An Overview

The PCT Process

Looking for Nanotechnology Prior Art

International Patent Classification System

Searching Other Sources for Nanotechnology Information

Creating Search Strategies

Illustrative Example

Patent-Led Nanotechnology Business: Perspectives

Integration of a Fragmented Patent Landscape

Case Study 1: NanoInk, Inc.

Case Study 2: Nanosphere, Inc.

Case Study 3: NVE Corporation

Case Study 4: Vista Therapeutics, Inc.

Case Study 5: Applied Nanotech Holdings, Inc.

Case Study 6: mPhase Technologies, Inc.

Case Study 7: Bilcare Research, Pune, India

Case Study 8: HyCa Technologies Pvt Ltd., Mumbai, India

Case Study 9: Consolidation Through Sequential Merger of Carbon Nanotechnologies, Inc. (CNI), Nanopolaris, Unidym, and Nanoconduction, and Acquisition of Unidym by Wisepower Co. Ltd.

Case Study 10: Innovalight and DuPont Merger

Invitrogen (Presently Life Technologies Corporation)

Strategic Investing and the Role of Venture Capital


Patent Litigations in Nanotechnologies

Nanosys, Inc. v. Nanoco Technologies and Sigma-Aldrich Corporation

DuPont Air Products NanoMaterials LLC v. Cabot Microelectronics Corporation

Nano Proprietary, Inc. (NPI) v. Cannon

Elan Pharmaceuticals International Ltd. v. Abraxis BioScience, Inc.

Oxonica Energy Ltd. v. Neuftec Ltd.

DSM v. 3D Systems

Veeco Instruments v. Asylum Research

Modumetal, Inc. v. Integran, Inc.

MTS Systems Corp. v. Hysitron, Inc.

EV Group v. 3M

Tekmira v. Alnylam

Other Nano Patents Litigation Snippets

Interfacing with the Nanofuture

Uncertainties Looming over IP Portfolios

Case Study: Oxonica Ltd. (formerly Oxonica plc)

United They Stand, Divided They Fall

Lessons from the Case Studies

Nanotechnology Patentability Issues: Gray Areas

Institutional IPR Policy and Management


Nanotechnology: Sunrise of the Day After

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Prabuddha Ganguli, Ph.D, is the CEO of VISION-IPR offering services in management of intellectual property rights, information security and knowledge management including designing of innovation processes, strategizing technology transfers, and conducting IP due diligence for joint ventures, mergers, and acquisitions. He is a qualified patent agent in India. He is an Honorary Scientific Consultant for Innovation and IPR matters to the Office of the Principal Scientific Adviser, Government of India; a member of the advisory board of the International Intellectual Property Institute, Washington; and a member of the advisory board of the Institute of Intellectual Property Studies, Mumbai. He is a member of the international editorial board of the IPR journal World Patent Information. As an international consultant to the World Intellectual Property Organization (WIPO), Geneva, Dr. Ganguli is actively involved in IPR Capacity-building programs, and formulation and implementation of national IPR policies in several developing and least developed countries.

Siddharth Jabade, Ph.D, possesses a unique blend of technical and patent expertise. He is presently professor of mechanical engineering at the Vishwakarma Institute of Technology, Pune, India (VI, Pune). He completed his bachelor’s and master’s degrees in engineering at the University of Pune and obtained his Ph.D from the Indian Institute of Technology, Bombay (IIT Bombay). He has been a senior associate at VISION-IPR, a leading intellectual property management firm in India. He is the author of several scientific publications and inventor in patents related to inventions in heat transfer. He is also the coordinator, Intellectual Property Rights Facilitation Centre at VI, Pune. He is a qualified patent agent in India and is involved in drafting and prosecuting patent applications.


"… this invaluable and creative endeavor … will fill the present void of an authoritative reference source in nanotechnology-related IPR. I am sure it will be used extensively as well by students, research workers, entrepreneurs, business management specialists, lawyers, and policy makers involved in the field of nanotechnology."
—R. Chidambaram, Principal Scientific Adviser, Government of India

"Rapid advancements and innovation in the spectrum of fields actively engaged in nanotechnology research and development (including "material science, metallurgy, chemistry, physics of condensed matter, polymer science, electrical engineering, electronics, instrumentation, and biology", p. 4) make navigation of international IPR complex. The authors undeniably bring to the table the requisite scientific and technical knowledge of the complete research and development chain with practical experience and expertise as Ph.D. patent agents in India, a wealth of previous scholarship, professional involvement and accolades, government appointments, and expansive hands-on experience on the business side of nanotechnology commercialization. The organization of the book is quite dynamic and drafted for ease of reading; each of the six chapters functionally stands alone, yet builds and integrates on broad thematic concepts. Each chapter is structured with descriptive subheadings, allowing the reader to flip through and identify particular areas of interest. Supporting tables, charts, and other vivid graphics are speckled throughout. The book is ideal for a wide audience interested in nanotechnology patent trends and implications."
—Jordan Paradise J.D., Associate Professor of Law, Seton Hall University School of Law, in World Patent Information