Patenting nanotechnology: Correlating size and language to describe nanotech inventions

CINF 12

Jeffrey A. Lindeman, jlindeman@nixonpeabody.com, Nixon Peabody LLP, Suite 900, 401 9th Street NW, Washington, DC 20004-2128
The words used to describe and claim the invention determine the scope of patent protection for an invention. The words used to describe an invention do not necessarily change with size. They can be the same for the macroscale or for the nanoscale. Common words may be “too big” for nanotechnology and simply using the prefix “nano” may not be sufficient to accurately describe an invention. This presentation considers how words in patent claims are interpreted and how that impacts nanotech inventions. As nanotechnology continues to develop, so does nanotechnology patent practice. This presentation considers the applications of patent law and practice to nanotechnology and discusses how to use patent strategy to achieve effective robust nanotech patents.