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Patent classification for Nanotechnology

Sunday, March 12, 2006

Nanotech patent has been discussed in many web so there's probably nothing new, but, I'd like to draw your attention on which part of the regulatory system needs amendment.
Currently, Nanotech products might be patented under USPTO Class 977/Dig1, which, provides disclosure for (i) Nanostructure and chemical compositions of nanostructure; (ii) Device that include at least one nanostructure; (iii) Mathematical algorithms, e.g., computer software, etc., specifically adapted for modeling configurations or properties of nanostructure; (iv) Methods or apparatus for making, detecting, analyzing, or treating nanostructure; and (v) Specified particular uses of nanostructure. The Class define "nanostructure" as an atomic, molecular, or macromolecular structure that (a) Has at least one physical dimension of approximately 1-100 nanometers; and (b) Possesses a special property, provides a special function, or produces a special effect that is uniquely attributable to the structure's nanoscale physical size.
In its note, Class 977 stated at Note 5 that Apparatus for manufacturing nanostructures, nanomaterials and nanodevices under the scope of Class 977 is generally limited to apparatus specifically adapted for creating ordered structures on a nanometer scale, i.e. apparatus for "bottom up" manufacturing to create larger structures from atomic and molecular constituents. Apparatus for "top down" bulk manufacturing of nanostructures, nanomaterials and nanodevices are generally excluded from this Class.
This indicates that this specific class might be applied to Molecular Nanotechnology (MNT). The difficulties with this classification will arises as this class also patented Nanotechnology Design Software (See Point iii: Mathematical algorithms, e.g., computer software, etc., specifically adapted for modeling configurations or properties of nanostructure.
Software patenting has created many problems as it (i) prevent creativity/modifications (ii) halt the economy/free movement of ideas and (iii) may create nano-divide. I call upon nanotechnologists and lawyers to quickly formulate a win-win solution for nanotech intellectual property protection as an alternative of software patent.
Mohamad Mova Al 'Afghani