Protecting new ideas and inventions in nanomedicine with patents

doi:10.1016/j.nano.2005.03.009

Nanomedicine: Nanotechnology, Biology and Medicine

Volume 1, Issue 2, June 2005, Pages 150-158

https://doi.org/10.1016/j.nano.2005.03.009 Get rights and content

Abstract

New paradigms are shrinking our world. Tiny is in and patents are essential for success in nanomedicine. In fact, patents are already shaping this nascent and rapidly evolving field. For the past decade a swarm of patent applications pertaining to nanomedicine has been arriving at the US Patent and Trademark Office (PTO). As companies develop products and processes and begin to seek commercial applications for their inventions, securing valid and defensible patent protection will be vital to their long-term survival. As we enter the “golden era” of medicine, or nanomedicine, in the next decade with the field maturing and the promised breakthroughs accruing, patents will generate licensing revenue, provide leverage in deals and mergers, and reduce the likelihood of infringement. Because development of nanobiotechnology- and nanomedicine-related products is extremely research intensive, without the market exclusivity offered by a US patent, development of these products and their commercial viability in the marketplace will be significantly hampered. In this article, we highlight critical issues relating to patenting nanomedicine products. Effects of the “nanopatent land grab” that is underway in nanomedicine by “patent prospectors” are examined as startups and corporations compete to lock up broad patents in these critical early days. Because nanomedicine is multidisciplinary, patenting presents unique opportunities and poses numerous challenges. Although patents are being sought more actively and enforced more vigorously, the entire patent system is under greater scrutiny and strain, with the PTO continuing to struggle with evaluating nanomedicine-related patent applications.

Section snippets

Defining nanomedicine R&D

The potential future impact of nanomedicine on society could be huge. Nanotechnology promises to transform most industries and will have a particularly profound impact on health care and medicine. Nanomedicine is, in a broad sense, the application of nanoscale technologies to the practice of medicine, namely, for diagnosis, prevention, and treatment of disease and to gain an increased understanding of the complex underlying disease mechanisms. The creation of nanodevices such as nanobots

Significance of patents to nanomedicine commercialization

As we can see, the time for nanomedicine has come and a classic technologic revolution is unfolding. According to Nanotech Report 2003, venture funds are preferentially going to nanobiotechnology, with 52% of the $900 million in venture capital funding for nanotechnology in 1999 to 2003 going to nanobiotechnology startups [19]. The market for nanobiotechnology has existed for only a few years, but it is expected to exceed $3 billion by 2008, reflecting an annual growth rate of 28% [20].

Significance of patents to the start-up

Patents are of great importance to start-ups and smaller nanomedicine companies because they may protect them from infringement by larger corporations. In fact, patents may also protect the clients of a patent owner because they may prevent a competitor from infringing or replicating the client's products made under license from the patentee. Moreover, patents offer credibility to any nanomedicine inventor with its backers, shareholders, and venture capitalists, groups that may not fully

Searching nanomedicine-related patents

Because nanomedicine by definition covers a broad class of materials and systems, searching for nanomedicine-related patents and publications is complicated relative to other technology areas. The Japanese Patent Office has created a classification system for nanotechnology. However, generally speaking, global patent classification systems are neither sufficiently defined nor descriptive enough to accommodate many of the unique properties that nanomedicine inventions exhibit [2], [5], [12], [13]

Conclusions

New paradigms are shrinking our world. Tiny is in and patents are essential for success in nanomedicine. Nanomedicine investment and R&D are simply outpacing legal developments in this arena. Nanotechnology is a global business development that is penetrating universities, start-ups, and boardrooms of multinational corporations alike, altering risk assessments and strategic planning. One thing is clear: all players involved in the nanomedicine revolution need to comprehend the basics of patent

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Citation Excerpt :
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: No financial conflict of interest was reported by the authors of this paper.

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Original Research ArticleCommercializationProtecting new ideas and inventions in nanomedicine with patents

Abstract

Section snippets

Defining nanomedicine R&D

Significance of patents to nanomedicine commercialization

Significance of patents to the start-up

Searching nanomedicine-related patents

Conclusions

The business of nanotech

Bus Week

Bionanotechnology patents: challenges and opportunities

Nanomaterials: nanonomenclature, novelty, and necessity

J Mater

A comprehensive nanotechnology library in miniature: a review of the Springer Handbook of Nanotechnology

Nanotechnology Law Bus

Nanotechnology patenting in the US

Nanotechnology Law Bus

Nanotechnology patents surge as companies vie to stake claim

Wall Street J

Commercializing nanotechnology

Nat Biotechnol

Investing in nanotechnology

Nat Biotechnol

Sizing nanotechnology's value chain

Beyond the nanohype

Economist

Nanotechnology patents and the US Patent Office

Small Times

Nanotechnology patents and challenges

Patent Cafe

The impact of the US Patent Office on nanotechnology

Longitudinal patent analysis for nanoscale science and engineering: country, institution and technology field

J Nanopart Res

Fabrication of novel biomaterials through self-assembly

Nat Biotechnol

The nanotech report

Nanobiotechnology, opportunities and technical analysis

US major pharmaceutical model and pipeline book. 4th quarter issue

Original Research Article
Commercialization
Protecting new ideas and inventions in nanomedicine with patents