Dynamics of nanotechnology patenting: An Indian scenario

Nanotechnology reflects the combination/interaction of knowledge which is interdisciplinary in nature. Exclusive monopoly over patents on nano-scale materials, devices and processes is a much sought after concept among technology based industries today. According to many scientists and theorists, this science can lead to solutions of some of the toughest problems faced by mankind and the list of patents on nano-scale materials, tools and processes is expanding at a phenomenal pace. Even India is among the top 20 nations in nanotechnology research as is evident by the number of patents filed each year. Trade regime of the world has brought into focus the ability to generate and secure IPR. The transformation has been rapid and in such a dynamic landscape it is vital to protect the intellectual property. With increasing private sector involvement in nanotechnology R&D, the need for a comprehensive framework for regulating nanotechnology IPRs will be pivotal to the commercial success of the technology. Hence, it becomes increasingly more and more important to learn the various issues in patenting of nanotechnology inventions and address these issues now so as to avoid any problems later. This paper discusses the various methodologies used in the developing countries and what can be done in India to protect the same keeping in mind the interests of various partners in the value chain of nanotech patent from lab to market.