Research On Issues Related To Nanotechnology Patent

Nanotechnology is an emerging technology，which spans interdisciplinary andindustry. It is an important area of strategic significance in the21st century with lifesciences, information technology and energy science. Owing to the characteristics ofunderlying instrumental technology, nanotechnology has been involved in electronicinformation science, biology, dynamics, materials science and other disciplines. It willproduce an unpredictable effect to the social development, economic prosperity, nationalsecurity and the improvement of people’s quality of life. The nanotechnology industry isan emerging technology with high investment and high-risk, which needs regulation andprotection by law. And patent protection of nanotechnology is the most important one ofall legal protection measures.In accordance with national legislative practice，nanotechnology and its productshave become patentable subject matter, but it is still one of the controversial issues ofintellectual property community. Under the framework of patent law regime,"Isnanotechnology invention or discovery”,” the uncertainty risk of nanotechnology","patentability criteria in nanotechnology” and" patentability exclusion in nanotechnology"need to be discussed in depth.In addition to the introduction, the text consists of four parts：The first part introduces the definition, principle, classification and application ofnanotechnology at first, and then illustrates" the uncertainty risk of nanotechnology" and“nanotechnology is an underlying technology” by analyzing characteristics of applicationof nanotechnology.The second part introduces the scope of patentable subject matters in nanotechnology.Currently, most of countries consider nanotechnology patentable. But there are stillquestions such as the debate of discovery and invention and patentability exclusioninvolved ethics between patentable subject matter in nanotechnology.The third part analyses the requisites of patentability in nanotechnology, includingboth international and domestic standard of patent examination.The forth part introduces the plight of nanotechnology patent in China at first, and then proposals some solutions according to the actual situation of Chinese nanotechnologyindustry, and considering the current development of science and technology and economyand so on. These solutions includes revising patent law to strength patent protection innanotechnology, reforming the patent administrative examination and approval authorityto raise the standard of patent-examining, building nanotechnology patent pool to promotethe implementation of nanotechnology patents and establish patent strategy plans toacquire crucial competitive advantages of nanotechnology.In short, we should learn lessons from developed countries, and establish advancedpatent legal regime in nanotechnology on the basis of Chinese current situation to promotethe development of nanotechnology and to seize the commanding heights ofnanotechnology. Simultaneously，we should take positive measures to promote theindustrialization process of nanotechnology.