<\/span><\/h2>\n\n\n\nOne\nof the big concerns with Nanotechnology inventions is it being\nmultidisciplinary in nature. Such a nature of Nanotechnology inventions poses\nvarious challenges for both the Courts and Patent Offices in determining the\nPatentability of Nanotechnology inventions. They are faced with the issues or\nproblems of determining which context is suitable across many industries &\ndisciplines and comprise all of them in decision making. Moreover, a Patentee\nand Patent Office are required to search for Prior Art not limited to one area\nbut in a wide variety of areas.<\/p>\n\n\n\n
Another\nmajor concern with these inventions is that the corresponding Patents bear\ncomprehensive claims. In a situation like this, the Patentee tries to maximise\nthe profit by preferring Patent claims which could cover as many applications\n& markets as possible. Due to the presence of a huge number of such Patents\nwith broad and overlapping claims, the possibility of fragmentation of Patent\nlandscape and Patent thickets arises. The extensive definition of\nNanotechnology creates difficulties for both the Patent examiner and the\ninventor in categorising new inventions for Patent Office purposes.<\/p>\n\n\n\n
As\nper Article\n27(1) of TRIPS<\/em><\/strong>, an appropriate and enforceable Patent can only be\nattained on a certain invention if the claims are unique, non-obvious over the\nPrior Art and have industrial usage. But, Patenting Nanotechnology inventions\nis not the same as that of other technologies and how to anticipate a certain\ninvention differs from country to country. In India, under Section 2(1) (j) of the Patent\nAct, 2005<\/em><\/strong> describes an inventive step as a feature of an invention that\ncomprises \u201ctechnical advancement\u201d as compared to the knowledge that makes the\ninvention non-obvious to an individual skilled in the art.<\/p>\n\n\n\nNano\nbiotech inventions cause environmental damage and due to the high infusion ability\nof the nanoparticles further, the nanoparticles may get into the human bodies\nand may result in Nano-toxicity. Additional, as per Section 3(d)<\/em><\/strong>, there is\nindistinctness in particle size to be considered patentable subject matter or\nnot.<\/p>\n\n\n\n<\/span>Challenges in\nPatenting Nanotechnology Invention in India<\/span><\/h2>\n\n\n\nUnder\nIndian Patent Regime, virtues of matter & other fundamental scientific\ndiscoveries are not eligible for Patent Registration. An initial challenge for\nPatent examination is to decide how to get a Patent that is derived from the\ndiscovery of intrinsic properties of materials. Only developing or increasing a\nsmaller dimension or size of a recognised structure wouldn’t be considered to\nbe Patentable unless it has extra uniqueness or utility.<\/p>\n\n\n\n
<\/span>What are the\nConsequences of Difficulty of Nanotechnology Patent?<\/span><\/h2>\n\n\n\nIn\nIndia, the problem or issue with Nanotechnology is that it\u2019s an emerging\ntechnology and presents or shows a picture of potentials that are yet to be\nexplored. Nanotech Patents may face the following difficulties is being\ngranted:<\/p>\n\n\n\n
- Issuance of Nanotechnology\nPatent regarding existing Prior Art that was overlooked at the time of Patent\nExamination;<\/li>
- An inappropriate rejection of a\nNanotechnology Patent application due to an examiner\u2019s mistaken conclusion that\nthe subject matter is not unique;<\/li>
- Unlike the Nano categorisations\ndeveloped in the European Union or the United States Patent Regime, the lack of\na Nanotechnology Patent classification system in India makes Patent landscaping\nuncomfortable, which affects the Nanotechnology Patents’ future. Moreover, such\nchallenges increase the load the examiner considering the Patent applications;\nthe lack of skilled, qualified, and trained examiners may result in the\ngranting of poor quality Patents;<\/li>
- Issuance of an excessively\nbroad Nanotechnology Patent that violates on earlier issued Patents and\/or\nprovides too much control over a specific swath of Nanotechnology, permitting\nthe Patentees to eliminate competition unfairly.<\/li><\/ol>\n\n\n\n
<\/span>Conclusion<\/span><\/h2>\n\n\n\nCurrently,\nthe Indian Patents Act has no provision that even incidentally touches the area\nof nanotechnology. There have been no regulations or guidelines structured\nregarding regulating this technology through the TRIPS agreement, which\nspecifically provides that IP protection should be extended to all areas of\nscience so that it encourages more innovations & research.<\/p>\n\n\n\n
Nanoparticles,\ndue to their size, have proved to be more effective, water-soluble,\ntarget-specific, and steady tools in drug delivery as compared to the\nconventional routes of the Drug Administration. For many years pharmaceutical\nsciences have been using nanoparticles to lessen the toxicity and side effects\nof drugs. This technology increases issues that are in disagreement with IPRs\nprotection and non-commercial laws. Due to the absence of consonant Patent Law\nprovisions, Nanotechnology will encounter challenges concerning the criteria of\nuniqueness, being capable of industrial application and eligibility of subject\nmatter under Section 3 of the Indian Patents Act, 1970<\/em><\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"Basically, Nanotechnology is the design, production, characterisation, and application of structure, devices & systems by controlling size & shape at the nanoscale. In simple terms, it’s the engineering of matter at the scale of molecules & atoms where size is measured in nanometres. Nanotechnology is a huge field that comprises a range of technologies at […]<\/p>\n","protected":false},"author":6,"featured_media":10737,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[55],"tags":[998],"acf":[],"_links":{"self":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/10735"}],"collection":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/comments?post=10735"}],"version-history":[{"count":7,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/10735\/revisions"}],"predecessor-version":[{"id":10743,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/10735\/revisions\/10743"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media\/10737"}],"wp:attachment":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media?parent=10735"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/categories?post=10735"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/tags?post=10735"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}