Ganguli P., Jabade S. Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization

CRC Press, 2014. — 276 p. — ISBN: 9781439856024Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech.Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR processDesigned for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies.
The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements.
Integrating use of the IPRinternalise model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.How Big Is Small?
Evolving Patents Landscape in Nanotechnology
Trends in the United StatesPatents: A Background
Patentable Subject Matter
Novelty (New)
Inventive Step (Nonobviousness)
Capable (Susceptible) of Industrial Application (Utility)
Anatomy of a Patent
Patenting Systems: An Overview
The PCT Process
Looking for Nanotechnology Prior Art
International Patent Classification System
Searching Other Sources for Nanotechnology Information
Creating Search Strategies
Illustrative Example
Patent-Led Nanotechnology Business: Perspectives
Integration of a Fragmented Patent Landscape
Case Study 1: NanoInk, Inc.
Case Study 2: Nanosphere, Inc.
Case Study 3: NVE Corporation
Case Study 4: Vista Therapeutics, Inc.
Case Study 5: Applied Nanotech Holdings, Inc.
Case Study 6: mPhase Technologies, Inc.
Case Study 7: Bilcare Research, Pune, India
Case Study 8: HyCa Technologies Pvt Ltd., Mumbai, India
Case Study 9: Consolidation Through Sequential Merger of Carbon Nanotechnologies, Inc. (CNI), Nanopolaris, Unidym, and Nanoconduction, and Acquisition of Unidym by Wisepower Co. Ltd.
Case Study 10: Innovalight and DuPont Merger
Invitrogen (Presently Life Technologies Corporation)
Strategic Investing and the Role of Venture Capital
Bonds
Patent Litigations in Nanotechnologies
Nanosys, Inc. v. Nanoco Technologies and Sigma-Aldrich Corporation
DuPont Air Products NanoMaterials LLC v. Cabot Microelectronics Corporation
Nano Proprietary, Inc. (NPI) v. Cannon
Elan Pharmaceuticals International Ltd. v. Abraxis BioScience, Inc.
Oxonica Energy Ltd. v. Neuftec Ltd.
DSM v. 3D Systems
Veeco Instruments v. Asylum Research
Modumetal, Inc. v. Integran, Inc.
MTS Systems Corp. v. Hysitron, Inc.
EV Group v. 3M
Tekmira v. Alnylam
Other Nano Patents Litigation Snippets
Interfacing with the Nanofuture
Uncertainties Looming over IP Portfolios
Case Study: Oxonica Ltd. (formerly Oxonica plc)
United They Stand, Divided They Fall
Lessons from the Case Studies
Nanotechnology Patentability Issues: Gray Areas
Institutional IPR Policy and Management
IPRinternalise
Nanotechnology: Sunrise of the Day After