Nanotechnology patents are issuing in increasing numbers. In the United Sates we are seeing a large increase in the number of granted patents directed to one or more aspects of nanotechnology.
Trends in Granted Patents
A key word search of issued United States patents reveals an upward trend, with some fields exhibiting close to a doubling in the number of issued patents from 2003 to 2004. For example, Figures 1 through 4 illustrate the number of granted United States patents referring to the terms “nanotube,” “nanowire,” “nanoparticle,” and “fullerene,” respectively.
Figure 1
Figure 2
Figure 3
Figure 4
In all cases the trend is clearly upward.
Nanotechnology Customer Partnership Initiative
The United States Patent and Trademark Office (USPTO) has taken notice. In the fall of 2003 the USPTO held its first Nanotechnology Customer Partnership meeting to address issues raised by nanotechnology, and to provide a forum for sharing ideas and experiences between nanotechnology patent applicants and the USPTO. Meetings are held periodically and more information can be found at the USPTO website.
The New Nanotechnology Classification Digest
To improve its efforts in connection with searching and examining nanotechnology related patent applications, the USPTO has recently created a classification digest for nanotechnology inventions, Class 977/Dig.1. The digest and the classification system that will be created by the USPTO is expected to provide a database of nanotechnology filing activity, that will facilitate searching of nanotechnology prior art, and function as a collection of nanotechnology related U.S. patents and published applications accessible across the various USPTO technology centers.
Class 977 is defined by the USPTO as follows:
CLASS 977, NANOTECHNOLOGY
SECTION I - CLASS DEFINITION
This class provides for disclosures:
a. 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
b. that provides 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.
In addition, disclosures in this class may be defined by one or more of the following statements.
a. The novel and differentiating properties and functions of disclosures in this class are developed at a critical length scale of matter, typically under 100 nanometers.
b. Nanotechnology research and development includes manipulation, processing, and fabrication under control of the nanoscale structures and their integration into larger material components, systems and architectures. Within these larger scale assemblies, the control and construction of their structures and components remains at the nanometer scale.
c. In some particular cases, the critical length scale for novel properties and phenomena may be less than 1 nanometer or be slightly larger than 100 nanometers.
d. The novel properties or functions, e.g., special effects, are attributed to and are intrinsic at the nanoscale.
Such nanoscale materials are infinitesimally minute arrangements of matter (i.e. nano-structural assemblages) have particularly shaped configurations formed during manufacture and are distinct from both naturally occurring and chemically produced chemical or biological arrangements composed of similar matter.
a. Also, encompassed within this collection are disclosures related to the controlled analysis, measurement, manufacture or treatment of such nano-structural assemblages and their associated processes or apparatus specially adapted for performing at least one step in such processes.
b. Novel and differentiating properties and functions relate to the altering of basic chemical or physical properties of the nano-structural assemblage attributed at the nanoscale.