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December 02, 2004
pto nanotechnology classification to improve nanotechnology patents
As PHOSITA previously reported, the USPTO has instituted a new classification for nanotechnology, Class 977–nanotechnology, to provides for disclosures:
- related to research and technology development at the atomic, molecular or macromolecular levels, in the length of scale of approximately 1-100 nanometer range in at least one dimension, and
- that provide a fundamental understanding of phenomena and materials at the nanoscale and to create and use structures, devices and systems that have novel properties and functions because of their small and/or intermediate size.
The Small Times has a quite detailed discussion of the new classification and its impact on nanotechnology patents.
Experts say the action will lead to stronger, more defensible patents and encourage innovation by increasing confidence in the patent system. They added that the action was necessary because of the difficulty in classifying nanotechnology inventions.
The article goes on to cite several ways that it will help patentees and the patenting process by:
- Making it easier to search for prior art patents and patent applications.
- Making it easier to spot or identify interfering patent applications — i.e. applications claiming the same invention or substantially the same invention.
- Providing examiners a group mentality — a group having historical knowledge and depth of knowledge in the scientific area.
Posted by Douglas Sorocco at 05:34 PM.
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