Patent Strategy in the Nanotech Patent Explosion

D.J. Dykeman (USA)


Nanotechnology, Intellectual Property, Patents


Since the start of the 21st century, there has been a nanotech patent explosion. Both the number of nanotech patent applications filed and the number of patents issued have increased annually at a nearly exponential pace. By all measures, the nanotech patent explosion shows no signs of subsiding. Recent actions by both the U.S. Patent and Trademark Office (“USPTO”) and the courts will affect the strength and enforceability of nanotech patents. Based on the ever-changing nanotech patent landscape, companies must strategically stake patent claims or risk missing the nanotech patent gold rush. Developing a patent portfolio that protects and leverages nanotech inventions is critical for companies to prosper in the nanotech patent explosion.

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